RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02744
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to accomplish a Post-9/11 GI Bill transfer of
education benefits (TEB) to his dependent daughter.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was recently made aware that he could not accomplish a Post-
9/11 GI Bill TEB to his dependent daughter because he did not
complete any paperwork before he retired. He was never informed
or advised that the TEB paperwork had to be submitted and
confirmed before his retirement. He believes that the Post
Traumatic Stress Disorder (PTSD) and depression that he was
experiencing at that time, hindered his ability to take the
necessary steps to transfer this important benefit.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Vermont Air National
Guard who was permanently disability retired in the grade of
Master Sergeant (MSgt), on 13 September 2011, per AFI 36-3212,
Physical Evaluation for Retention, Retirement, and Separation,
with a compensable percentage for physical disability of 50
percent.
The remaining relevant facts pertaining to this application,
extracted from the applicants military personnel records are
contained in the letter prepared by the appropriate office of
the Air National Guard at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1YR recommends approval if the Board finds there is an
injustice. A1YR states they contacted the retention office
Manager (ROM) of the applicants former unit and the ROM stated
that a month before the applicant retired, he received a Post-
9/11 GI Bill separation briefing and was given instructions on
how he could apply for the benefit but unfortunately he was not
given the Post-9/11 TEB briefing. He was not informed of the
requirement to complete a TEB to his dependents prior to his
retirement.
The complete NGB/A1YR evaluation is at Exhibit C.
NGB/A1PS states they concur with the NGB/A1YR advisory.
The complete NGB/A1PS evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 30 August 2012 for review and comment within 30
days (Exhibit E). To date, a response has not been received.
________________________________________________________________
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. In this respect, the
Air Force offices of primary responsibility (OPR) have indicated
that through no fault of the applicant it appears he may not
have been afforded the opportunity to transfer his Post-9/11 GI
Bill TEB to his dependents because he was not informed of the
requirement to complete a TEB to his dependents prior to his
retirement. As such, we believe the applicant was the victim of
an injustice and recommend his 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
25 January 2010, he elected to transfer his Post-9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered in Executive
Session on 22 April 2013, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02744 was considered:
Exhibit A. DD Form 149, dated 5 June 2012, with atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, NGB/A1YR, dated 25 July 2012.
Exhibit D. Letter, NGB/A1PS, dated 6 August 2012.
Exhibit E. Letter, SAF/MRBR, dated 30 August 2012.
Panel Chair
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