RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04835
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 GI Bill benefits to her
dependent.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was on terminal leave during the stand-up of the Post-
9/11 GI Bill Education program and did not have an opportunity
to Transfer Educational Benefits (TEB) while she was on active
duty.
In support of her request, the applicant provides copies of her
DD Form 214, Certificate of Release or Discharge from Active
Duty; a memorandum from the Department of Veterans Affairs and
various other documents related to her request.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force on 31 August 2009. She
served 20 years, 2 months and 25 days of active service. Her
Total Active Federal Service Date is 6 June 1989.
Post-9/11 GI Bill Transferability: Any member of the Armed
Forces (active duty and/or Selected Reserve) who meets Post-
9/11 GI Bill eligibility requirements and at the time of the
approval of the members request to transfer entitlement to
educational assistance:
Has at least six years of service in the Armed Forces (active
duty and/or Selected Reserve) on the date of election and
agrees to serve four additional years in the Air Force from
the date of request, regardless of the number of months
transferred, or
Has at least 10 years of service in the Armed Forces (active
duty and/or Selected Reserve) on the date of election, is
precluded by either Air Force policy, DoD policy or statute
from committing to four additional years (HYT, MEB/TDRL,
etc.) of service and agrees to serve for the maximum amount
of time allowed by such policy or statute.
According to AFI 36-2306, Voluntary Education Program, the
following options expired on 31 July 2012.
Is or becomes retirement eligible during the period from
1 August 2009 through 1 August 2012 and agrees to serve the
additional period, if any, specified below. For the purposes
of this paragraph, a member is considered to be retirement
eligible if he or she has completed 20 years of active
Federal service or 20 qualifying years as computed under
title 10 U.S.C § 12732.
For those members eligible for retirement on 1 August 2009,
no additional service is required.
For those members who have an approved retirement date after
1 August 2009 and before 1 July 2010, no additional service
is required.
For those members eligible for retirement after 1 August
2009 and on or before 1 August 2010, one year of additional
service from the date of request is required.
For those members eligible for retirement after 1 August
2010 and on or before 1 August 2011, two years of additional
service from the date of request is required.
For those members eligible for retirement after 1 August
2011 and on or before 1 August 2012, three years of
additional service from the date of request is required.
Retirees recalled to active duty may transfer unused Post-
9/11 GI Bill benefits with no additional service commitment.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends the applicants request be approved. She
was on terminal leave at the program standup and did not receive
proper counseling prior to entering terminal leave status.
Therefore, she did not have the opportunity to process the TEB
action while on active duty. Due to this injustice the TEB
application should be approved effective 30 August 2009.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 January 2014, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. To date, a response has not been received (Exhibit C).
________________________________________________________________
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. After a
thorough review of the evidence of record and the applicants
complete submission, we believe it is in the interest of justice
to recommend granting the requested relief. Therefore, 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 the applicant has been the victim of an error or
injustice. Accordingly, we recommend his records be corrected
as set forth 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 August 2009, she elected to transfer her Post-9/11 GI Bill
Educational Benefits to her dependents.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 1 July 2014, 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 in AFBCMR BC-2013-
04835:
Exhibit A. DD Form 149, dated 7 October 2013, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 12 November 2013.
Exhibit C. Letter, SAF/MRBR, dated 10 January 2014.
Panel Chair
4
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