AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01014
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her DD Form 214, Certificate of Release or Discharge from
Active Duty, be amended in item 12b to reflect a date of
separation of 1 August 2009 rather than 14 July 2009.
2. She be allowed to transfer her Post 9/11 GI Bill Transfer of
Educational Benefits (TEB) to her dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was not advised prior to her separation that she had to
transfer her benefits while still on active duty and that she was
to serve on or after 1 August 2009. She separated 14 July 2009 –
two weeks shy of meeting this requirement. She served her
country honorably for 11 years – serving in Iraq, Kuwait and
Afghanistan. If she had been aware of the requirements prior to
separation she could have extended her enlistment.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The 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 B.
_________________________________________________________________
AIR FORCE EVALUATION:
DPSOS recommends denial. DPSOS states the applicant did not
provide any evidence of an error of injustice to warrant the
requested change to her separation date. Based on the
documentation on file in the master personnel records, the
discharge, to include her separation date as reflected on her
DD Form 214, was in accordance with the governing instruction.
The DPSOS complete evaluation is at Exhibit B.
DPSIT recommends denial. DPSIT states the applicant was
separated effective 14 July 2009. The program for TEB started
1 August 2009. The applicant was eligible to reenlist but
elected to separate. Had the member contacted her education
center she would have received guidance on the Transfer of
Education benefits as the DTM 09-003 Post 9/11 GI Bill Directive
was published and available to all Education Centers as of 22
June 2009. There has been no injustice to the extent that the
service member did not receive adequate counseling as required by
law and DoD regulation.
The DPSIT complete evaluation is at Exhibit c.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 June 2012, copies of the Air Force evaluations were
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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant’s contentions are duly noted; however, we agree with
the opinions and recommendations of the Air Force offices of
primary responsibility and adopt their rationale as the basis for
our conclusion that the applicant has not been the victim of an
error or injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought.
_________________________________________________________________
2
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or an injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01014 in Executive Session on 27 March 2013, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-01014 was considered:
Exhibit A. DD Form 149, dated 13 March 2012, w/atch.
Exhibit B. Letter, AFPC/DPSOS, dated 11 May 2012.
Exhibit C. Letter, AFPC/DPSIT, dated 22 May 2012.
Exhibit D. Letter, SAF/MRBR, dated 19 June 2012.
3
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