_RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00526 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to accomplish a Post-9/11 GI Bill transfer of educational benefits (TEB) to his dependents. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was not informed of his right to transfer his Post-9/11 GI Bill TEB to his dependents while he was on active duty. He began his terminal leave in June 2009 with a retirement effective date of 1 October 2009. During this period of time the requirements for transfer of eligibility was being developed and had not been communicated throughout the services. The applicant provides no evidence in support of his claim. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who retired effective 1 October 2009. For those individuals who have an approved retirement date after 1 August 2009, and before 1 July 2010, no additional service is required. The remaining relevant facts, extracted from the applicant’s military service records, are contained in the evaluation by the Air Force office of primary responsibility at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. DPSIT states that due to the nature of the applicant’s situation being on terminal leave at the time of the program’s standup and the newness of the TEB process, he was not given the opportunity to sign-up for the transfer of benefit. The complete 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 17 February 2013, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ _ 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 error or injustice. In this respect, the Air Force office of primary responsibility has indicated that through no fault of the applicant it appears he may not have been afforded the opportunity to transfer his Post- 9/11 GI Bill TEB to his dependents because he was not informed of the requirement to complete a TEB to his dependents prior to his retirement. As such, we believe the applicant was the victim of an injustice and recommend the records be corrected as indicated 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 September 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits. __________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00526 in Executive Session on 12 November 2013, 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 for AFBCMR Docket Number BC-2013-00526: Exhibit A. DD Form 149, dated 25 Jan 13. Exhibit C. Letter, AFPC/DPSIT, dated 8 Feb 13. Exhibit D. Letter, SAF/MRBR, dated 17 Feb 13. 2 3 4