RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03603
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
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:
At the time of his retirement, he was entitled to this benefit
because he had served for twenty years and therefore, would not
have incurred an active duty service commitment. He was never
told by anyone, during his out-processing actions or his
dealings with the Department of Veterans Affairs (DVA) that he
had to elect to transfer his benefits before he retired. The
only thing he was told was that he had to use the benefit within
so many years. Only through recently trying to transfer his
benefits did he find out that it should have been accomplished
prior to his retirement. Had he known about the requirement to
transfer the benefit prior to his retirement he would have taken
the time to transfer the benefit rather than experience the
current grief. He has five dependents that could possibly use
this benefit including his son who is currently enrolled in an
engineering program and could desperately use the assistance.
He understands that this is not an overnight process and asks
for understanding and hopes that the Board finds in his favor.
The applicant did not submit any additional documentation in
support of his request.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents extracted from the military personnel
database system (MilPDS), the applicant is a former Regular Air
Force member who served from 26 September 1983, until his
release from active duty for retirement on 30 September 2009.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval. DPSIT states the applicant was
on terminal leave at the 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. Had he been given the
opportunity, he would have incurred no active duty service
commitment (ADSC) based on his TAFMSD of 26 September 1983.
Therefore, an injustice was caused to the applicant and the TEB
application should be approved.
The complete AFPC/DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 January 2014, for review and comment within 30
days (Exhibit C). To date, a response has not been received.
________________________________________________________________
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 an injustice. In this respect, the
Air Force office of primary responsibility (OPR) 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 his records be corrected as indicated
below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on
29 September 2009, he elected to transfer his Post-9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 28 May 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-03603 was considered:
Exhibit A. DD Form 149, dated 24 July 2013.
Exhibit B. Letter, AFPC/DPSIT, dated 23 August 2013.
Exhibit C. Letter, SAF/MRBR, dated 10 January 2014.
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