RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03263
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he transferred his Post-
9/11 GI Bill educational benefits to his dependent.
________________________________________________________________
APPLICANT CONTENDS THAT:
On 6 Jun 2009, he went on terminal leave and was retired on
31 Aug 2009. At the time, there was little information about
the Transfer of Education Benefits (TEB) process and it was
suggested that he would have to enroll with the Department of
Veterans Affairs (DVA) as a retiree.
He recently attempted to enroll in TEB and learned he was
ineligible because he did not apply prior to his retirement. He
was informed he should have been contacted while on terminal
leave to apply for TEB. He never received any notification and
would have taken immediate action to accomplish TEB prior to his
retirement.
In support of his request, the applicant provides copies of his
AF Form 988, Leave Request/Authorization; and retirement order.
The applicantÂ’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
He was retired on 31 Aug 2009.
Service members enrolled in the Post-9/11 GI Bill Program are
able to transfer unused educational benefits to their dependent
spouses or children. Any member of the Armed Forces, active
duty or Selected Reserve, officer or enlisted, on or after 1 Aug
09, who is eligible for the Post-9/11 Bill, has at least 6 years
of service in the Armed Forces on the date of election, and
agrees to serve 4 additional years in the Armed Forces from the
date of election are eligible to transfer their unused Post-
9/11 benefits to their spouse or dependent children.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval. The possibility exists that the
applicant may not have received any information about the Post-
9/11 GI Bill and TEB program. If the Board finds there was an
injustice to the extent that the applicant did not receive
adequate counseling as required by law and DOD regulation, and
was not personally notified about the need to transfer while
serving in the Armed Forces, the Board may approve the
applicantÂ’s request.
A complete copy of the DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 19 Sep 2013, the copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit C).
________________________________________________________________
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 agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that the
applicant has been the victim of an error or injustice. We do not
find it reasonable that he would have knowingly elected not to
pursue use of this important entitlement and apply for TEB prior to
his retirement. As such, in the interest of justice we find the
evidence is sufficient to recommend approval of his request.
Therefore, we recommend the record 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 Aug
2009, he elected to transfer his Post 9/11 GI Bill Educational
Benefits to his dependent.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-03263 in Executive Session on 15 May 2014, under
the provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-03263 was considered:
Exhibit A. DD Form 149, dated 5 Jul 2013, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 14 Aug 2013.
Exhibit C. Letter, SAF/MRBR, dated 19 Sep 2013.
Chair
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