ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01346
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to accomplish a Post-9/11 GI Bill transfer of
educational benefits (TEB) to his dependent daughter.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. A similar appeal was considered and denied by the Board on
8 January 2013. For an accounting of the facts and the
rationale of the earlier decision by the Board, see the Record
of Proceedings (ROP) at Exhibit F.
2. On 23 March 2013, the applicant submitted a request for
reconsideration. In his 5-page personal petition to the Board,
the following contentions are made:
3. He was stunned and dismayed that the Board chose to
disregard the recommendation of the National Guard Bureau, which
conducted a direct investigation into his situation.
Accordingly, from his additional research into this issue, he is
submitting newly discovered evidence that will demonstrate the
existence of multiple material errors, oversight, and injustice
by the Vermont Air National Guard. This includes correspondence
from the Retention Office Managers (ROM) commander, several
emails discussing the gaps in their process recognized by the
Vermont Air National Guard, as well as additional details that
clarify the ROM's lack of knowledge of this situation, and the
actual out-processing guide/booklet. He was not properly
informed and out-processed correctly due to multiple material
errors, oversight, and injustice, but there is also a recognized
historical, systemic failure to inform retiring service members
who have sacrificed so much, as well as the accepted recognition
of a known glitch in computing TEB records and widespread
failures in TEB information dissemination dating back to 2009-
2010. He has submitted substantive new evidence and he
strenuously appeals the decision and requests the Board consider
this additional information.
4. In support of his request, the applicant provides a personal
statement and copies of correspondence pertaining to his Post-
9/11 GI Bill TEB eligibility and retirement out-processing
actions.
The applicants complete submission, with attachments, is at
Exhibit G.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. In an earlier finding, the Board determined there was
insufficient evidence to warrant any corrective action. After
thoroughly reviewing the additional documentation submitted in
support of his appeal and the evidence of record, we are
persuaded that sufficient relevant evidence has been presented
to demonstrate the existence of error and injustice to
reconsider the previous Boards decision. In this respect, the
evidence presented indicates the applicant may not have been
afforded the opportunity to transfer his Post-9/11 GI Bill TEB
to his dependent prior to his retirement because of
miscommunication with out-processing officials as well as the
commanders admitted systemic IT problems. As such, we believe
the applicant was a victim of an error and injustice and
recommend his record be corrected as indicated below.
2. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on
12 May 2010, he elected to transfer his Post-9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 24 January 2014, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-01346 was considered:
Exhibit F. ROP, dated 11 February 2013, w/Exhibits
A through E.
Exhibit G. Letter, Applicant, dated 23 March 2013, w/atchs.
.
Panel Chair
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