RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05147
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependent wife.
APPLICANT CONTENDS THAT:
He was never briefed on the requirement to transfer his
education benefits prior to starting his terminal leave in Dec
09.
In support of his request the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge From Active
Duty and AF IMT 988, Leave Request/Authorization.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicants total active federal military service date is
24 Aug 82.
On 19 Mar 09, the applicant received his preseparation
counseling.
According to the AF Form 988 provided by the applicant, on
14 Dec 09, he began his terminal leave for retirement.
On 1 Mar 10, the applicant retired from active duty.
Transferability of Unused Education Benefits to Family Members.
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill,
the Secretary concerned, to promote recruitment and retention in
the Uniformed Services, may permit an individual eligible for
Post-9/11 GI Bill educational assistance to elect to transfer to
one or more of his or her family members all or a portion of his
or her entitlement to such assistance. For individuals eligible
for retirement on 1 Aug 09, no additional service is required.
For those individuals eligible for retirement after 1 Aug 09,
and before 1 Aug 10, 1 year of additional service after approval
of transfer is required.
On 24 Aug 02, the applicant completed 20 years of active Federal
service and was eligible for retirement.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval. The applicant was not properly
counseled on the program prior to entering terminal leave
status. It is reasonable to assume he would have applied for
the benefit had he received the appropriate counseling.
Therefore, an injustice was caused and the Transfer of Education
Benefits (TEB) application should be approved, effective 1 Mar
10.
The complete 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 10 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 error or injustice. We note the
Air Force office of primary responsibility recommends approval
with a TEB effective date of 1 Mar 10. However, given that the
applicant has to be on active duty to be eligible to transfer
the benefit coupled with the fact that he was retirement
eligible on 24 Aug 02, we recommend his record be corrected to
show that he made the TEB election on 1 Aug 09. Therefore, we
recommend the applicants 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
1 August 2009, he elected to transfer his Post-9/11 GI Bill
Educational Benefits.
The following members of the Board considered AFBCMR Docket
Number BC-2013-05147 in Executive Session on 18 Sep 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Oct 13, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 6 Dec 13.
Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.
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