RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05147
		COUNSEL:  NONE
		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

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



APPLICANT CONTENDS THAT:

He was never briefed on the requirement to transfer his 
education benefits prior to starting his terminal leave in Dec 
09. 

In support of his request the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge From Active 
Duty and AF IMT 988, Leave Request/Authorization.

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


STATEMENT OF FACTS:

The applicant’s total active federal military service date is 
24 Aug 82.  

On 19 Mar 09, the applicant received his preseparation 
counseling.

According to the AF Form 988 provided by the applicant, on 
14 Dec 09, he began his terminal leave for retirement.

On 1 Mar 10, the applicant retired from active duty.

Transferability of Unused Education Benefits to Family Members. 
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, 
the Secretary concerned, to promote recruitment and retention in 
the Uniformed Services, may permit an individual eligible for 
Post-9/11 GI Bill educational assistance to elect to transfer to 
one or more of his or her family members all or a portion of his 
or her entitlement to such assistance.  For individuals eligible 
for retirement on 1 Aug 09, no additional service is required.  
For those individuals eligible for retirement after 1 Aug 09, 
and before 1 Aug 10, 1 year of additional service after approval 
of transfer is required.

On 24 Aug 02, the applicant completed 20 years of active Federal 
service and was eligible for retirement.



AIR FORCE EVALUATION:

AFPC/DPSIT recommends approval.  The applicant was not properly 
counseled on the program prior to entering terminal leave 
status.  It is reasonable to assume he would have applied for 
the benefit had he received the appropriate counseling.  
Therefore, an injustice was caused and the Transfer of Education 
Benefits (TEB) application should be approved, effective 1 Mar 
10.

The complete DPSIT evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 10 Jan 14 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).


THE BOARD CONCLUDES THAT:

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

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. We note the 
Air Force office of primary responsibility recommends approval 
with a TEB effective date of 1 Mar 10.  However, given that the 
applicant has to be on active duty to be eligible to transfer 
the benefit coupled with the fact that he was retirement 
eligible on 24 Aug 02, we recommend his record be corrected to 
show that he made the TEB election on 1 Aug 09.  Therefore, we 
recommend the applicant’s record 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 
1 August 2009, he elected to transfer his Post-9/11 GI Bill 
Educational Benefits.


The following members of the Board considered AFBCMR Docket 
Number BC-2013-05147 in Executive Session on 18 Sep 14, under 
the provisions of AFI 36-2603:

		                            , Panel Chair
		                              , Member
		                           , Member

The following documentary evidence was considered:

	 Exhibit A.  DD Form 149, dated 29 Oct 13, w/atchs.
	 Exhibit B.  Applicant's Available Master Personnel Records.
	 Exhibit C.  Letter, AFPC/DPSIT, dated 6 Dec 13.
	 Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 14.