RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05809
		COUNSEL:  NONE
		HEARING DESIRED: NO

	 

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was on terminal leave prior to retiring and during that time 
the rules for the Post-9/11 GI Bill were being established.  He 
was not made aware that he had to be on active duty to transfer 
the benefits to his dependents.

The applicant does not provide any supporting documents.

His complete submission is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant retired from the Regular Air Force on 1 Sep 09 in 
the grade of major.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends approval stating that the applicant was 
not given the proper information regarding the proper date to 
retire in order to qualify for the transfer of benefit.

The complete DPSIT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 11 Jan 13 for review and comment within 30 days.  
As of this date, this office has received no response.

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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 an injustice.  Based on the 
evidence of record and that the applicant was on terminal leave 
at the time of the Post-9/11 implementation procedures, we find 
it reasonable to believe that had he been properly briefed on 
the TEB, he would have requested to transfer his education 
benefits before he retired.  Consequently, we find a sufficient 
basis to conclude that he has been a victim of an injustice and 
therefore recommend the records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that on 31 
August 2009 he elected to transfer his Post-9/11 G.I.  Bill 
Educational Benefits to his dependent.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-05809 in Executive Session on 24 Sep 13, under 
the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member






All members voted to correct the records, as recommended.  The 
following documentary evidence for AFBCMR Docket Number BC-2012-
05809 was considered:

    Exhibit A.  DD Form 149, dated 6 Dec 12.
    Exhibit C.  Letter, AFPC/DPSIT, dated 2 Jan 13.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Jan 13.




                                   
                                   Panel Chair









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