RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00467
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to Transfer Education Benefits (TEB) to his spouse
and daughter.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was on terminal leave and unable to apply for the TEB program
because he did not have access to do so. He applied for TEB on
22 Jul 09 and began his terminal leave on 28 Jul 09. He received
an acceptance letter for Chapter 33 on 22 Oct 09 and retired on
1 Nov 09, leaving only 5 days to apply for TEB without access to
a government computer.
In support of his request, the applicant provides a copy of his
Department of Veterans Affairs (DVA) Application for VA Education
Benefits package, a copy of his retirement order, a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and copies of his AF IMT 988, Leave Request/Authorization.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 10 Aug 87
and was progressively promoted to the grade of senior master
sergeant (E-8), having assumed that grade effective and with a
date of rank of 1 Feb 07. He retired on 1 Nov 09 after serving
22 years, 2 months, and 21 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ USAF/A1PA recommends denial. A1PA states the applicant TEB
information reflects that he transferred 24 months of benefits to
one of his children prior to the effective date of his
retirement, but did not transfer any benefits to other family
members before the retirement date. A1PA notes the applicant
does not provide any evidence to support a government error;
therefore, he was not denied the opportunity to transfer benefits
to other family members while serving on active duty. A1PA also
states that Title 39 United States Code Chapter 33 does not
authorize reallocation of benefits to a new dependent after the
members separation/retirement.
The HQ USAF/A1PA complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant stated the pre-separation counseling occurred prior
to 1 Aug 09 which is the TEB law effective date. He also
encloses copies of his convalescent and terminal leave paperwork
to show a timeline of his status. He notes that the Air Force
did not engage in a Service-wide effort to seek out members who
were already in a terminal leave status, or who had already
completed their pre-separation counseling, in order to provide
them with additional counseling on the TEB program. He was never
notified of the change in benefits and procedures to apply for
the TEB.
The applicants complete submission is at Exhibit D.
_________________________________________________________________
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 an injustice. While we note the Air
Force office of primary responsibility position, we are inclined
to believe the applicant was not fully aware of the TEB
eligibility requirements and the steps necessary to transfer his
benefits to his dependents. In addition we find no basis to
question the applicant's account in this matter; therefore, we
elect to resolve any doubt in this matter in behalf of the
applicant and 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 31 October
2009, he elected to transfer his Post 9/11 GI Bill Educational
Benefits in accordance with his expressed preferences as
indicated in the attached AFPC/DPSIT memorandum.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00467 in Executive Session on 25 Aug 11, under the
provisions of AFI 36-3003:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Feb 11, w/atchs.
Exhibit B. Letter, HQ USAF/A1PA, dated 25 Mar 11.
Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11.
Exhibit D. Letter, Applicant, 12 Apr 11.
Panel Chair
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