RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03603
		
			COUNSEL:  NONE

			HEARING DESIRED:  YES

________________________________________________________________

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:

At the time of his retirement, he was entitled to this benefit 
because he had served for twenty years and therefore, would not 
have incurred an active duty service commitment.  He was never 
told by anyone, during his out-processing actions or his 
dealings with the Department of Veterans Affairs (DVA) that he 
had to elect to transfer his benefits before he retired.  The 
only thing he was told was that he had to use the benefit within 
“so many years.”  Only through recently trying to transfer his 
benefits did he find out that it should have been accomplished 
prior to his retirement.  Had he known about the requirement to 
transfer the benefit prior to his retirement he would have taken 
the time to transfer the benefit rather than experience the 
current grief.  He has five dependents that could possibly use 
this benefit including his son who is currently enrolled in an 
engineering program and could desperately use the assistance.  
He understands that this is not an overnight process and asks 
for understanding and hopes that the Board finds in his favor.  

The applicant did not submit any additional documentation in 
support of his request.  

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

According to documents extracted from the military personnel 
database system (MilPDS), the applicant is a former Regular Air 
Force member who served from 26 September 1983, until his 
release from active duty for retirement on 30 September 2009.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends approval.  DPSIT states the applicant was 
on terminal leave at the program standup and did not receive 
proper counseling prior to entering terminal leave status.  The 
applicant did not have the opportunity to process the TEB action 
properly while on active duty.  Had he been given the 
opportunity, he would have incurred no active duty service 
commitment (ADSC) based on his TAFMSD of 26 September 1983.  
Therefore, an injustice was caused to the applicant and the TEB 
application should be approved.  

The complete 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 10 January 2014, for review and comment within 30 
days (Exhibit C).  To date, a response has not been received.  

________________________________________________________________

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 an injustice.  In this respect, the 
Air Force office of primary responsibility (OPR) 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 his records be corrected as indicated 
below.  

4.  The applicant's 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 issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that on 
29 September 2009, he elected to transfer his Post-9/11 GI Bill 
Educational Benefits.  

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 28 May 2014, under the provisions of AFI 
36-2603:

			, Panel Chair
			, Member
			, Member


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-03603 was considered:  

    Exhibit A.  DD Form 149, dated 24 July 2013.
    Exhibit B.  Letter, AFPC/DPSIT, dated 23 August 2013.
    Exhibit C.  Letter, SAF/MRBR, dated 10 January 2014.