_RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2012-03267
		COUNSEL:  NONE
                             		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his 
dependents.  

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was not afforded the opportunity to elect transfer of 
education benefits (TEB) prior to being processed through the 
Disability Evaluation System (DES) and placed on the Temporary 
Disability Retirement List (TDRL).  

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served on active duty from 1 October 1990 to 28 December 2009.

On 29 December 2009, the applicant was placed on the TDRL with a 
compensable percentage for physical disability of 30 percent.  
He was subsequently removed from the TDRL effective 17 October 
2011, and permanently retired.  He served 19 years, 2 months, 
and 28 days on active duty.  

For those members eligible for retirement after 1 August 2009, 
and before 1 August 2010, one year additional service is 
required in order to utilize TEB benefits.  

The remaining relevant facts, extracted from the applicant’s 
military service records, are contained in the evaluation by the 
Air Force office of primary responsibility at Exhibit C. 

________________________________________________________________
_



AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the applicant 
attended a pre-separation briefing on 20 April 2009, and had the 
opportunity to receive counseling on education benefits 
concerning the GI Bill.  However, there is no indication that he 
wanted information concerning the GI Bill.  He never acted upon 
his desire to elect TEB from the time the benefit was made 
available (1 August 2009) to the time he was placed on the TDRL 
(29 December 2009).  

The complete DPSIT evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His preseparation briefing took place on 20 April 2009 at the 
Airman Family and Readiness Flight (AFRF), Charleston Air Force 
Base, SC.  However, the AFRF only keeps these documents on file 
for two years.  Thus, he does not have his original DD Form 
2648, Preseparation Counseling Checklist for Active Component 
Service Members.  Page 2, Item 13a of the DD Form 2648 is for 
Education Benefits.  However, the DD Form 2648, dated June 2005, 
does not reflect any designation of the Post-9/11 on the form.  
As a result, he was not informed of the TEB until after he was 
placed on the TDRL.  

He believes he was simply “lost in the shuffle” and was not 
afforded the prospect of taking advantage of this great benefit.  
He served honorably and is fortunate to already have two college 
degrees.  His goal is to pass on the 36 months of education 
benefit he has earned to his son.  

The applicant’s complete rebuttal, with attachments, is at 
Exhibit E.  

________________________________________________________________
_

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing 
law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We note the 
applicant’s contentions that he was not afforded the opportunity 
to elect transfer of educational benefits (TEB) prior to being 
processed through the Disability Evaluation System (DES) and 
placed on the Temporary Disability Retirement List (TDRL).  
Although the Air Force office of primary responsibility states 
the applicant attended a pre-separation briefing, they assert 
there is no indication that he wanted information concerning the 
TEB.  We find no basis to question the applicant's account in 
this matter and do not find it reasonable that he would have 
knowingly elected not to pursue use of this important 
entitlement if given the opportunity.  Therefore, we recommend 
the records be corrected as indicated below.

__________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that on 28 December 
2009 he elected to transfer his Post-9/11 GI Bill Educational 
Benefits. 

__________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 
BC-2012-03267 in Executive Session on 9 May 2013, under the 
provisions of AFI 36-2603:

                 , Panel Chair
                 , Member
                 , Member

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered for AFBCMR Docket 
Number BC-2012-03267:

    Exhibit A.  DD Form 149, dated 25 Jul 12, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIT, dated 13 Aug 12.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Aug 12.
    Exhibit E.  Letter, Applicant, dated 29 Oct 12, w/atchs.




                    
Panel Chair


2

3