RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00237
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits (TEB) to his dependent while he was on active duty.
APPLICANT CONTENDS THAT:
He was on terminal leave when the program stood up and not receiving official communications. At the time of his retirement, he was not told about the requirement to apply for TEB while he was 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 24 Nov 89.
On 1 Dec 09, the applicant voluntarily retired and was credited with 20 years and 07 days of active service.
The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends granting the applicants request. Based upon the members retirement date, he would have incurred no active duty service commitment for TEB approval. No attempt was made by the member to apply for TEB prior to retirement. However, due to various factors, such as the TEB Program just having been established on 1 Aug 09, the members out-processing for retirement and his terminal leave, etc.), it is clear he did not know of the requirement to obtain TEB approval prior to his retirement. His pre-separation checklist was completed on 8 Jan 09, well before program standup. Therefore, he could not have been briefed on TEB.
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 16 Sep 14 for review and comment 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 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 AFPC/DPSIT and adopt its rationale as the basis for our conclusion that relief should be granted. Although we find no evidence of an error on the part of the Air Force, we believe that it is in the interest of justice to provide the requested relief. 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 the APPLICANT be corrected to show that on 1 November 2009 he elected to transfer his Post-9/11 GI Bill Educational Benefits.
The following members of the Board considered AFBCMR Docket Number BC-2014-00237 in Executive Session on 3 Nov 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 23 Oct 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 22 Aug 14, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 16 Sep 14.
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