RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-02326
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

2.  Her DD Form 214, Certificate of Release or Discharge from 
Active Duty, item 15a Member Contributed to Post-Vietnam Era 
Veterans’ Educational Assistance Program, be amended to reflect 
“YES.”

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APPLICANT CONTENDS THAT:

She was not aware of the requirement to transfer education 
benefits while on active duty nor was she counseled on the TEB 
process prior to retirement.

In support of the applicant’s appeal, she provides a personal 
statement, DD Form 214, VA Form 4-5281, Application for Refund 
of Educational Contributions, and Air Force Print News on Post 
9/11 GI Bill.

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

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STATEMENT OF FACTS:

On 30 September 2009, the applicant was relieved from active 
duty and retired on 1 October 2009, in the grade of major after 
serving 22 years, 8 months and 22 days on active duty.

Any member of the Armed Forces on or after 1 August 2009, who, 
at the time of the approval of the individual's request to 
transfer entitlement to educational assistance under this 
section, is eligible for the Post-9/11 GI Bill, has at least 
6 years of service in the Armed Forces (active duty and/or 
Selected Reserve) on the date of election and agrees to serve a 
specified additional period in the Armed Forces from the date of 
election.

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 B.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends approval of the TEB.  DPSIT states the 
applicant was on terminal leave at 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.  Therefore, the 
applicant was the victim of an injustice and the TEB application 
should be approved, effective 30 September 2009.  With regard to 
the DD Form 214, item 15a (Member Contributed to Post-Vietnam 
Era Veterans’ Educational Assistance Program), DPSIT states IAW 
36-3202, Table 4, Rule 25, if the applicant withdraws her 
contribution from VEAP account or did not participate, mark NO.

The DPSIT complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 August 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 timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice regarding the 
applicant’s request to change her DD Form 214, item 15a (to 
reflect “YES”.  We agree with the AFPC/DPSIT evaluation that 
item 15a was correctly annotated as “No” since the applicant did 
not participate in VEAP.  Therefore, in the absence of evidence 
to the contrary, we find no basis to recommend granting this 
portion of the applicant’s request.

4.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice warranting approval 
with regard to her Post-9/11 GI Bill TEB.  In this respect, the 
Air Force office of primary responsibility (OPR) has indicated 
that through no fault of the applicant it appears she may not 
have been afforded the opportunity to transfer her Post-9/11 GI 
Bill TEB to her dependents because she was not informed of the 
requirement to complete a TEB for her dependents prior to her 
retirement.  As such, we believe the applicant was the victim of 
an injustice and 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 the APPLICANT, be corrected to show that on 
30 September 2009, she elected to transfer her Post-9/11 GI Bill 
Educational Benefits.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-02326 in Executive Session on 12 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 6 May 2013, w/atchs.
   Exhibit B.  Letter, AFPC/DPSIT, dated 26 June 2013.
   Exhibit C.  Letter, SAF/MRBR dated 5 August 2013.





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