_RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00872
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 received poor counseling and advice, and was on terminal
leave near the beginning of the TEB program. As a result, he
was not briefed that he had to accomplish the TEB action prior
to his retirement.
In support of his appeal, the applicant provides a personal
statement; and, copies of his DD Form 214, Certificate of
Release or Discharge from Active Duty; separation orders;
retirement program; civilian personnel actions; and a letter of
accomplishment.
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
retired in the grade of lieutenant colonel effective 1 September
2009.
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 approval. DPSIT states the applicant was
on terminal leave at the time of the TEB program standup and did
not have the opportunity to process the TEB action while on
active duty. Therefore, he suffered an injustice which should
be corrected to show he elected TEB effective 1 August 2009.
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 15 March 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. After
reviewing the evidence of record, we are persuaded that
favorable consideration of the applicants request is warranted.
We note the Air Force office of primary responsibility (OPR)
indicates the applicant was on terminal leave at the time of the
TEB program standup and did not have the opportunity to process
the TEB action while on active duty; thereby, creating an
injustice which should be corrected. We agree with the
recommendation by the Air Force OPR and adopt is rationale as
the basis for our conclusions. Accordingly, 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 1 August 2009
he elected to transfer his Post-9/11 GI Bill Educational Benefits.
__________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2013-00872 in Executive Session on 16 December 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-2013-00872:
Exhibit A. DD Form 149, dated 15 Feb 13, w/atchs.
Exhibit C. Letter, AFPC/DPSIT, dated 1 Mar 13.
Exhibit D. Letter, SAF/MRBR, dated 15 Mar 13.
Panel Chair
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