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Decision Text

AF | BCMR | CY2013 | BC 2013 00526
Original file (BC 2013 00526.txt) Auto-classification: Approved
_RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2013-00526
		COUNSEL:  NONE
                   		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be allowed to accomplish a Post-9/11 GI Bill transfer of 
educational benefits (TEB) to his dependents.  

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was not informed of his right to transfer his Post-9/11 GI 
Bill TEB to his dependents while he was on active duty.  He 
began his terminal leave in June 2009 with a retirement 
effective date of 1 October 2009.  During this period of time 
the requirements for transfer of eligibility was being developed 
and had not been communicated throughout the services.  

The applicant provides no evidence in support of his claim.  

The applicant’s complete submission is at Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
retired effective 1 October 2009.

For those individuals who have an approved retirement date after 
1 August 2009, and before 1 July 2010, no additional service is 
required.

The remaining relevant facts, extracted from the applicant’s 
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 approval.  DPSIT states that due to the 
nature of the applicant’s situation being on terminal leave at 
the time of the program’s standup and the newness of the TEB 
process, he was not given the opportunity to sign-up for the 
transfer of benefit.  

The complete DPSIT evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 February 2013, for review and comment within 30 
days (Exhibit D).  As of this date, this office has received no 
response. 

________________________________________________________________
_

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  In this 
respect, the Air Force office of primary responsibility has 
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 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 30 September 
2009, he elected to transfer his Post-9/11 GI Bill Educational 
Benefits. 

__________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 
BC-2013-00526 in Executive Session on 12 November 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-2013-00526:

    Exhibit A.  DD Form 149, dated 25 Jan 13.
    Exhibit C.  Letter, AFPC/DPSIT, dated 8 Feb 13.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 13.




                    
Panel Chair

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