RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02000
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to
his dependent.
APPLICANT CONTENDS THAT:
On 1 May 14, he requested to transfer his earned Post-9/11 GI Bill
benefits to his daughter and was denied because he didnt make the
transfer prior to his retirement date of 31 Dec 09.
He attended every out-processing briefing, read all the guidance
on the Post-9/11 GI Bill (which he applied for on 21 Jul 09), and
repeatedly asked about transferability timing and limitations.
However, at no time was he ever informed that the transfer of
benefits must occur prior to leaving active duty.
The Board should find it in the interest of justice to consider
his untimely application because he left the Air Force on
23 Sep 09 having performed full due diligence on this very
important educational benefit. He earned this benefit with over
30 years of military service and he was assured it may be
transferred at any time in the future.
In support of his appeal, the applicant submits DD Forms 214 and
215, Certificate of Release or Discharge from Active Duty; Special
Order 006735 and Retirement Action Notification, releasing him
from active duty effective 31 Dec 09; AF Forms 988, Leave Request
Authorization, placing him on terminal and permissive leave
starting 23 Sep 09; copies of his pre-separation counseling
checklist, detachment out-processing checklist, and V-MPF
out-processing checklist; his application for VA Education
Benefits dated 21 Jul 09; and two newsletter articles which
indicate that at the time he applied, the guidance on transferring
the benefit was lacking.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant retired from the Air Force in the grade of
Lieutenant Colonel (O-5) effective 31 Dec 09.
The applicants Total Active Federal Military Service Date
(TAFMSD) is 5 Jan 89. In accordance with AFI 36-2306, For
individuals eligible for retirement on 1 August 2009, no
additional service is required. Based on his TAFMSD, he would
have incurred no active duty service commitment (ADSC) obligation
with TEB approval.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit B.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval. Based on the totality of what the
applicant expressed in his case, he was not properly briefed of
the need to apply for TEB while on active duty. If he had
received the proper guidance to apply, he would have qualified
with no obligation for TEB approval (IAW AFI 36-2306, Attachment
9, A9.18.1.4.1). Therefore, DPSIT recommends approving the
application with an effective date of transfer on 30 Dec 09, with
no obligation.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, was forwarded to the applicant
on 4 Aug 14 for review and comment within 30 days (Exhibit C). 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. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
4. 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 Dec 09, he
elected to transfer his Post-9/11 GI Bill Educational Benefits to
his dependents.
The following members of the Board considered AFBCMR Docket Number
BC-2014-02000 in Executive Session on 23 Mar 15, under the
provisions of AFI 36-2603:
The board unanimously voted to correct the records, as
recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 May 14 w/atchs.
Exhibit B. Letter, AFPC/DPSIT dated 19 May 14.
Exhibit C. Letter, SAF/MRBR, dated 4 Aug 14.
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