RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02596
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to his dependents.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
While attending the separation briefing he was informed that he
could transfer his benefits to his dependents because he served
more than three years after 9/11. Based on that information he
separated at 20 years of service. Had he been properly
counseled he would have extended to be able to transfer his
benefits.
The applicant provides no additional documentation in support of
his appeal.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
After serving 20 years and 19 days on active duty the applicant
was released from active duty on 30 June 2009, in the grade of
technical sergeant, and retired effective 1 July 2009 under the
provisions of AFI 36-3203 (Vol Retirement: Sufficient Service
for Retirement).
Should the applicants TEB be approved effective 1 August 2009,
he would incur no obligation.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval. DPSIT states information was
sparing and infrequent on the Post 9/11 GI Bill TEB program upon
standup, and the applicants briefing likely occurred prior to
the official start of the TEB program. DPSIT feels an injustice
was caused to the applicant and the TEB should be granted.
Based on past AFBCMR precedent for members retiring between 1
through 31 July 2009, please adjust the applicants retirement
date from 1 July 2009 to 1 August 2009 to qualify him to be
approved for TEB.
The DPSIT complete evaluation is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 28 June 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 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 warranting
corrective action. We note the OPR recommends correcting the
applicants retirement date to be effective 1 August 2009;
however, current law and policy requires members to be on active
status on the date of enrollment. Therefore, we recommend the
applicant be extended to 31 August 2009 and retired effective
1 September 2009. We believe this will provide the applicant
with the appropriate relief. Accordingly, we recommend his
record be corrected to the extent 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:
a. On 30 June 2009, he was not relieved from active duty,
but was continued until 31 August 2009.
b. On 1 August 2009, he elected to transfer his Post-9/11
GI Bill Educational Benefits.
c. On 31 August 2009, he was relieved from active duty and
retired effective 1 September 2009.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-02596 in Executive Session on 25 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 21 May 2013.
Exhibit B. Letter, AFPC/DPSIT, dated 12 June 2013.
Exhibit C. Letter, SAF/MRBR dated 28 June 2013.
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