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AF | BCMR | CY2012 | BC 2012 01346 2
Original file (BC 2012 01346 2.txt) Auto-classification: Approved
                           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 Manager’s (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 applicant’s 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 Board’s 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 
commander’s 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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