RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04348 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependents. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He served his country for 28 years and is asking for what is due to him. He was not properly advised regarding his benefits. Prior to his retirement at Keesler AFB he was briefed by personnel at the education office that he could complete the TEB process after retirement. In support of the applicant’s appeal, he provides a personal statement, email communique and other documentation. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 1 December 2010, the applicant with 28 years and 14 days on active duty retired in the grade of senior master sergeant under the provisions of AFI 36-3203 (Voluntary Retirement: Maximum Service Or Time In Grade). The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. DPSIT states the applicant’s Total Active Federal Military Service Date (TAFMSD) was 17 November 1982; therefore, he would not have incurred an active duty service commitment/obligation for TEB approval. The Keesler Education Office should have been aware that the TEB can only be accomplished while a member is active duty Air Force. Due to this improper counseling, the applicant believed no action was required prior to retirement and thus became ineligible. A clear injustice occurred in this case. The applicant’s TEB should be approved effective 29 November 2010 - 1 day prior to the date of separation. The DPSIT complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 28 February 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting corrective action. In this respect, the Air Force office of primary responsibility (OPR) has indicated that due to improper TEB counseling, the applicant was not aware of the requirements to transfer his benefits. Therefore, in order to preclude the possibility of an injustice to the applicant, the Board recommends the records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show on 29 November 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-04348 in Executive Session on 26 June 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 10 September 2013, w/atchs. Exhibit B. Special Order No. AC-004467. Exhibit C. Letter, AFPC/DPSIT, dated 21 October 2013. Exhibit D. Letter, SAF/MRBR dated 28 February 2014.