RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03263 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he transferred his Post-9/11 GI Bill educational benefits to his dependent. ________________________________________________________________ APPLICANT CONTENDS THAT: On 6 Jun 2009, he went on terminal leave and was retired on 31 Aug 2009. At the time, there was little information about the Transfer of Education Benefits (TEB) process and it was suggested that he would have to enroll with the Department of Veterans Affairs (DVA) as a retiree. He recently attempted to enroll in TEB and learned he was ineligible because he did not apply prior to his retirement. He was informed he should have been contacted while on terminal leave to apply for TEB. He never received any notification and would have taken immediate action to accomplish TEB prior to his retirement. In support of his request, the applicant provides copies of his AF Form 988, Leave Request/Authorization; and retirement order. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: He was retired on 31 Aug 2009. Service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 Bill, has at least 6 years of service in the Armed Forces on the date of election, and agrees to serve 4 additional years in the Armed Forces from the date of election are eligible to transfer their unused Post- 9/11 benefits to their spouse or dependent children. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. The possibility exists that the applicant may not have received any information about the Post- 9/11 GI Bill and TEB program. If the Board finds there was an injustice to the extent that the applicant did not receive adequate counseling as required by law and DOD regulation, and was not personally notified about the need to transfer while serving in the Armed Forces, the Board may approve the applicant’s request. A complete copy of the DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 19 Sep 2013, the copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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 error or injustice. We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has been the victim of an error or injustice. We do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement and apply for TEB prior to his retirement. As such, in the interest of justice we find the evidence is sufficient to recommend approval of his request. Therefore, we recommend the record be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 30 Aug 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependent. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03263 in Executive Session on 15 May 2014, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03263 was considered: Exhibit A. DD Form 149, dated 5 Jul 2013, w/atch. Exhibit B. Letter, AFPC/DPSIT, dated 14 Aug 2013. Exhibit C. Letter, SAF/MRBR, dated 19 Sep 2013. 1 2