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AF | BCMR | CY2013 | BC 2013 04348
Original file (BC 2013 04348.txt) Auto-classification: Approved

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-04348
		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:

He served his country for 28 years and is asking for what is due 
to him.  He was not properly advised regarding his benefits.  
Prior to his retirement at Keesler AFB he was briefed by 
personnel at the education office that he could complete the TEB 
process after retirement.

In support of the applicant’s appeal, he provides a personal 
statement, email communique and other documentation.

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

On 1 December 2010, the applicant with 28 years and 14 days on 
active duty retired in the grade of senior master sergeant under 
the provisions of AFI 36-3203 (Voluntary Retirement: Maximum 
Service Or Time In Grade).

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit C.

________________________________________________________________
_








AIR FORCE EVALUATION:

AFPC/DPSIT recommends approval.  DPSIT states the applicant’s 
Total Active Federal Military Service Date (TAFMSD) was 
17 November 1982; therefore, he would not have incurred an 
active duty service commitment/obligation for TEB approval.  The 
Keesler Education Office should have been aware that the TEB can 
only be accomplished while a member is active duty Air Force.  
Due to this improper counseling, the applicant believed no 
action was required prior to retirement and thus became 
ineligible.  A clear injustice occurred in this case.  The 
applicant’s TEB should be approved effective 29 November 2010 - 
1 day prior to the date of separation.

The DPSIT complete evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 February 2014, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit D).  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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice warranting corrective 
action.  In this respect, the Air Force office of primary 
responsibility (OPR) has indicated that due to improper TEB 
counseling, the applicant was not aware of the requirements to 
transfer his benefits.  Therefore, in order to preclude the 
possibility of an injustice to the applicant, the Board 
recommends 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 on 29 
November 2010, he elected to transfer his Post-9/11 GI Bill 
Educational Benefits.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-04348 in Executive Session on 26 June 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 10 September 2013, w/atchs.
   Exhibit B.  Special Order No. AC-004467.
   Exhibit C.  Letter, AFPC/DPSIT, dated 21 October 2013.
   Exhibit D.  Letter, SAF/MRBR dated 28 February 2014.







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