RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02326
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
1. She be allowed to transfer her Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to her dependents.
2. Her DD Form 214, Certificate of Release or Discharge from
Active Duty, item 15a Member Contributed to Post-Vietnam Era
Veterans Educational Assistance Program, be amended to reflect
YES.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
She was not aware of the requirement to transfer education
benefits while on active duty nor was she counseled on the TEB
process prior to retirement.
In support of the applicants appeal, she provides a personal
statement, DD Form 214, VA Form 4-5281, Application for Refund
of Educational Contributions, and Air Force Print News on Post
9/11 GI Bill.
The applicant's complete submission, with attachments is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 30 September 2009, the applicant was relieved from active
duty and retired on 1 October 2009, in the grade of major after
serving 22 years, 8 months and 22 days on active duty.
Any member of the Armed Forces on or after 1 August 2009, who,
at the time of the approval of the individual's request to
transfer entitlement to educational assistance under this
section, is eligible for the Post-9/11 GI Bill, has at least
6 years of service in the Armed Forces (active duty and/or
Selected Reserve) on the date of election and agrees to serve a
specified additional period in the Armed Forces from the date of
election.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibit B.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval of the TEB. DPSIT states the
applicant was on terminal leave at program standup and did not
receive proper counseling prior to entering terminal leave
status. The applicant did not have the opportunity to process
the TEB action properly while on active duty. Therefore, the
applicant was the victim of an injustice and the TEB application
should be approved, effective 30 September 2009. With regard to
the DD Form 214, item 15a (Member Contributed to Post-Vietnam
Era Veterans Educational Assistance Program), DPSIT states IAW
36-3202, Table 4, Rule 25, if the applicant withdraws her
contribution from VEAP account or did not participate, mark NO.
The DPSIT complete evaluation is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 5 August 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). As of this date, no response has been
received by this office.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice regarding the
applicants request to change her DD Form 214, item 15a (to
reflect YES. We agree with the AFPC/DPSIT evaluation that
item 15a was correctly annotated as No since the applicant did
not participate in VEAP. Therefore, in the absence of evidence
to the contrary, we find no basis to recommend granting this
portion of the applicants request.
4. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice warranting approval
with regard to her Post-9/11 GI Bill TEB. In this respect, the
Air Force office of primary responsibility (OPR) has indicated
that through no fault of the applicant it appears she may not
have been afforded the opportunity to transfer her Post-9/11 GI
Bill TEB to her dependents because she was not informed of the
requirement to complete a TEB for her dependents prior to her
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 the APPLICANT, be corrected to show that on
30 September 2009, she elected to transfer her Post-9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-02326 in Executive Session on 12 March 2014,
under the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 May 2013, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 26 June 2013.
Exhibit C. Letter, SAF/MRBR dated 5 August 2013.
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