_RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2013-00872
		COUNSEL:  NONE
                     		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents.  
________________________________________________________________

APPLICANT CONTENDS THAT:

He received poor counseling and advice, and was on terminal leave near the beginning of the TEB program.  As a result, he 
was not briefed that he had to accomplish the TEB action prior to his retirement.  

In support of his appeal, the applicant provides a personal statement; and, copies of his DD Form 214, Certificate of 
Release or Discharge from Active Duty; separation orders; retirement program; civilian personnel actions; and a letter of accomplishment.  

The applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who retired in the grade of lieutenant colonel effective 1 September 2009.

For those members eligible for retirement after 1 August 2009, and before 1 August 2010, one year additional service is required in order to utilize TEB
 benefits.  

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 the applicant was 
on terminal leave at the time of the TEB program standup and did 
not have the opportunity to process the TEB action while on 
active duty.  Therefore, he suffered an injustice which should 
be corrected to show he elected TEB effective 1 August 2009.  

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 15 March 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.  After 
reviewing the evidence of record, we are persuaded that favorable consideration of the applicant’s request is warranted.  
We note the Air Force office of primary responsibility (OPR) indicates the applicant was on terminal leave at the time of the 
TEB program standup and did not have the opportunity to process the TEB action while on active duty; thereby, creating an 
injustice which should be corrected.  We agree with the recommendation by the Air Force OPR and adopt is rationale as 
the basis for our conclusions.  Accordingly, we 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 1 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-2013-00872 in Executive Session on 16 December 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-2013-00872:

    Exhibit A.  DD Form 149, dated 15 Feb 13, w/atchs.
    Exhibit C.  Letter, AFPC/DPSIT, dated 1 Mar 13.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Mar 13.
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