RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00547
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependents while he was on active duty.
APPLICANT CONTENDS THAT:
He was never given a chance to participate in the Post-9/11 GI Bill Transfer of Eligibility Benefits (TEB) Program. When he retired on 1 Sep 09, the process by which he could transfer his educational benefits was not in place.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Regular Air Force in the grade of lieutenant colonel during the period of time in question.
On 1 Sep 09, under Special Order AC-000662, dated 17 Oct 08, the applicant was relieved from active duty, credited with 22 years, 05 months, and 27 days of active service, and retired effective 1 Sep 09. As the applicant had served on active duty since 11 Sep 01, he was entitled to Post-9/11 educational benefits in his own right.
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/DPTT recommends approval. At the time of the applicants retirement, the Post-9/11 GI Bill was still being introduced. He could have transferred a portion of his benefits to his children without incurring a service obligation since he had 20 years of satisfactory service and was approved for retirement as of 1 Aug 09. In accordance with DoDI 1341.13, Post-9/11 GI Bill, to qualify for the Post-9/11 GI Bill TEB Program Any Service member on or after August 1, 2009, who is entitled to the Post-9/11 GI Bill at the time of approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she meets one of these conditions
for individuals eligible for retirement on August 1, 2009, no additional service is required.
A complete copy of the AFPC/DPTT evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 28 Jul 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 error or 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.
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 31 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-2014-00547 in Executive Session on 13 Jan 15 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 17 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DSIT, dated 4 Mar 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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