RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03902
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her discharge date from active duty, effective 28 May 2009 be changed to reflect 28 August 2009, to allow her the ability to transfer Post-9/11 GI bill benefits to her son.
APPLICANT CONTENDS THAT:
She was medically discharged from the military, due to no fault of her own, after serving 20 years of faithful active duty service. She was advised by the Veterans Affairs (VA) education office that as long as she was medically retired in 2009-2010, she could transfer her education benefits to her son.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 26 March 1986.
On 21 November 2008, a Medical Evaluation Board (MEB) convened for the purpose of considering the applicant for continuation on active duty and referred her case to the Informal Physical Evaluation Board (IPEB).
On 9 February 2009, the IPEB recommended the applicant be placed on the Temporary Disability Retired List (TDRL) with an 80 percent disability rating.
On 5 March 2009, the Secretary of the Air Force (SAF) directed the applicant be placed on the TDRL.
On 28 May 2009, the applicant was relieved from active duty and placed on the TDRL.
On 22 July 2010, an IPEB was convened for a TDRL reevaluation. The PEB recommended the applicant be permanently retired with a compensable disability rating of 70 percent.
On 30 August 2010, the applicant was removed from the TDRL and retired in the grade of senior master sergeant (E8) under the provisions of 10 USC 1210 with a compensable disability rating of 70 percent for physical disability, effective 19 September 2010. The applicant was credited with 23 years, 2 months, and 3 days total active service for retirement.
On 24 April 2012, the applicant initiated a DD Form 149, Application For Correction of Military Record Under The Provisions of Title 10, U.S. Code, Section 1552, requesting she be allowed to transfer her Post 9/11 GI Bill benefits to her dependents.
On 13 November 2012, the Air Force Board for Corrections of Military Records (AFBCMR) considered the applicants request and determined that although the applicant was initially placed on the TDRL on 28 May 2009, and not permanently retired until 19 September 2010, time on the TDRL is not considered active duty service. The Transfer of Education Benefits (TEB) program was implemented on 1 August 2009 and required that a member be on active duty at the time of transfer. The applicant was already in retired status and therefore was not eligible for the program.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which is attached at Exhibit C and D.
AIR FORCE EVALUATION:
AFPC/DPFD recommends denial. The preponderance of evidence reflects that no error or injustice occurred during the disability process or the rating applied at the time of the board. In order to maintain a fit and vital force, disability law allows the SAF to remove from active duty those who can no longer perform the duties of their grade, rank or rating and ensure fair compensation to members whose military careers are cut short due to a service connected or service aggravated physical disability. When the case is finalized the date of separation is computed by providing appropriate processing and permissive TDY and any unused/unsold leave. In the event of a hardship, HQ AFPC/DPFD may approve a limited extension not to exceed 30 days. While they understand the applicants desire to take advantage of the Post 9/11 GI Bill, they do not grant extensions in order to provide eligibility for programs implemented after a service members separation from the service.
A complete copy of the AFPC/DPFD evaluation is at Exhibit C.
AFPC/DPSIT recommends denial. There is no evidence the member is eligible to transfer her educational benefits to her dependents. The member was released from active duty on 28 May 2009 and no policy was in effect at the time of the members release; therefore, the member is not eligible to transfer educational benefits to her dependents.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation were forwarded to the applicant on 17 February 2015 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPRs) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or 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-2014-03902 in Executive Session on 11 May 2015 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03902 was considered:
Exhibit A. DD Form 149, dated 17 September 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPFD, dated 17 November 2014.
Exhibit D. Memorandum, AFPC/DPSIT, dated 22 December 2014.
Exhibit E. Letter, SAF/MRBR, dated 17 February 2015.
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