RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04584
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
Her records be corrected to show she transferred her Post-9/11 GI Bill educational benefits (TEB) to her dependents while on active duty.
APPLICANT CONTENDS THAT:
She was denied the opportunity to apply for TEB due to lack of available information before her retirement. The TEB program stood-up when she was on terminal leave for retirement from Spangdahlem Air Base, Germany. There was no information available about the program, and no one ever explained she had to apply while still on active duty.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 22 Nov 89.
On 30 Nov 09, the applicant was relieved from active duty and retired, effective 1 Dec 09, and was credited with 20 years and 9 days of total active service. At the date of her retirement, she had performed the requisite service to qualify for Post-9/11 GI Bill benefits in her own right and, because she had an approved retirement during the period 1 Aug 09 through 31 Jul 10, she would have incurred no additional service commitment had she transferred her benefits prior to her retirement.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval. The member was on terminal leave at the program standup and did not receive proper counseling prior to entering terminal leave. The Air Force issued AFI 36-2306,_AFGM1, on 23 July 2009, which required pre-separation counseling for the transfer of educational benefits for the Post-9/11 GI Bill benefits. However, the Air Force did not engage in a Service-wide effort to seek out members who were already on terminal leave, or who had already completed their pre-separation counseling, in order to provide them with additional counseling on the Post-9/11 GI Bill. Because the applicant was on terminal leave at program standup and did not receive proper counseling prior to entering terminal leave, relief should be granted.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 6 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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. We took notice of the applicant's complete submission in judging the merits of the case and 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 relief should be granted. Therefore, we recommend the applicants record be corrected as indicated below.
4. The applicants 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 issues 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 the APPLICANT be corrected to show that on 30 November 2009 she elected to transfer her Post-9/11 GI Bill Educational Benefits.
The following members of the Board considered AFBCMR Docket Number BC-2013-04584 in Executive Session on 11 Aug 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Sep 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 18 Nov 13.
Exhibit D. Letter, SAF/MRBR, dated 6 Jan 14.
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