_RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03267
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was not afforded the opportunity to elect transfer of
education benefits (TEB) prior to being processed through the
Disability Evaluation System (DES) and placed on the Temporary
Disability Retirement List (TDRL).
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 1 October 1990 to 28 December 2009.
On 29 December 2009, the applicant was placed on the TDRL with a
compensable percentage for physical disability of 30 percent.
He was subsequently removed from the TDRL effective 17 October
2011, and permanently retired. He served 19 years, 2 months,
and 28 days on active duty.
For those members eligible for retirement after 1 August 2009,
and before 1 August 2010, one year additional service is
required in order to utilize TEB benefits.
The remaining relevant facts, extracted from the applicants
military service records, are contained in the evaluation by the
Air Force office of primary responsibility at Exhibit C.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant
attended a pre-separation briefing on 20 April 2009, and had the
opportunity to receive counseling on education benefits
concerning the GI Bill. However, there is no indication that he
wanted information concerning the GI Bill. He never acted upon
his desire to elect TEB from the time the benefit was made
available (1 August 2009) to the time he was placed on the TDRL
(29 December 2009).
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
His preseparation briefing took place on 20 April 2009 at the
Airman Family and Readiness Flight (AFRF), Charleston Air Force
Base, SC. However, the AFRF only keeps these documents on file
for two years. Thus, he does not have his original DD Form
2648, Preseparation Counseling Checklist for Active Component
Service Members. Page 2, Item 13a of the DD Form 2648 is for
Education Benefits. However, the DD Form 2648, dated June 2005,
does not reflect any designation of the Post-9/11 on the form.
As a result, he was not informed of the TEB until after he was
placed on the TDRL.
He believes he was simply lost in the shuffle and was not
afforded the prospect of taking advantage of this great benefit.
He served honorably and is fortunate to already have two college
degrees. His goal is to pass on the 36 months of education
benefit he has earned to his son.
The applicants complete rebuttal, with attachments, is at
Exhibit E.
________________________________________________________________
_
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 error or injustice. We note the
applicants contentions that he was not afforded the opportunity
to elect transfer of educational benefits (TEB) prior to being
processed through the Disability Evaluation System (DES) and
placed on the Temporary Disability Retirement List (TDRL).
Although the Air Force office of primary responsibility states
the applicant attended a pre-separation briefing, they assert
there is no indication that he wanted information concerning the
TEB. We find no basis to question the applicant's account in
this matter and do not find it reasonable that he would have
knowingly elected not to pursue use of this important
entitlement if given the opportunity. Therefore, we 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 28 December
2009 he elected to transfer his Post-9/11 GI Bill Educational
Benefits.
__________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2012-03267 in Executive Session on 9 May 2013, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered for AFBCMR Docket
Number BC-2012-03267:
Exhibit A. DD Form 149, dated 25 Jul 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 13 Aug 12.
Exhibit D. Letter, SAF/MRBR, dated 27 Aug 12.
Exhibit E. Letter, Applicant, dated 29 Oct 12, w/atchs.
Panel Chair
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