RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-02596
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Transfer of 
Educational Benefits (TEB) to his dependents.

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APPLICANT CONTENDS THAT:

While attending the separation briefing he was informed that he 
could transfer his benefits to his dependents because he served 
more than three years after 9/11.  Based on that information he 
separated at 20 years of service.  Had he been properly 
counseled he would have extended to be able to transfer his 
benefits.

The applicant provides no additional documentation in support of 
his appeal.

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

After serving 20 years and 19 days on active duty the applicant 
was released from active duty on 30 June 2009, in the grade of 
technical sergeant, and retired effective 1 July 2009 under the 
provisions of AFI 36-3203 (Vol Retirement: Sufficient Service 
for Retirement).

Should the applicant’s TEB be approved effective 1 August 2009, 
he would incur no obligation.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends approval.  DPSIT states information was 
sparing and infrequent on the Post 9/11 GI Bill TEB program upon 
standup, and the applicant’s briefing likely occurred prior to 
the official start of the TEB program.  DPSIT feels an injustice 
was caused to the applicant and the TEB should be granted.  
Based on past AFBCMR precedent for members retiring between 1 
through 31 July 2009, please adjust the applicant’s retirement 
date from 1 July 2009 to 1 August 2009 to qualify him to be 
approved for TEB.

The DPSIT complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 June 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit C).  As of this date, no response has been 
received by this office. 

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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 warranting 
corrective action.  We note the OPR recommends correcting the 
applicant’s retirement date to be effective 1 August 2009; 
however, current law and policy requires members to be on active 
status on the date of enrollment.  Therefore, we recommend the 
applicant be extended to 31 August 2009 and retired effective 
1 September 2009.  We believe this will provide the applicant 
with the appropriate relief.  Accordingly, we recommend his 
record be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT, be corrected to show:

	a.  On 30 June 2009, he was not relieved from active duty, 
but was continued until 31 August 2009.

	b.  On 1 August 2009, he elected to transfer his Post-9/11 
GI Bill Educational Benefits.

	c.  On 31 August 2009, he was relieved from active duty and 
retired effective 1 September 2009.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-02596 in Executive Session on 25 March 2014, 
under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 May 2013.
   Exhibit B.  Letter, AFPC/DPSIT, dated 12 June 2013.
   Exhibit C.  Letter, SAF/MRBR dated 28 June 2013.





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