RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04835 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill benefits to her dependent. ________________________________________________________________ APPLICANT CONTENDS THAT: She was on terminal leave during the stand-up of the Post- 9/11 GI Bill Education program and did not have an opportunity to Transfer Educational Benefits (TEB) while she was on active duty. In support of her request, the applicant provides copies of her DD Form 214, Certificate of Release or Discharge from Active Duty; a memorandum from the Department of Veterans Affairs and various other documents related to her request. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force on 31 August 2009. She served 20 years, 2 months and 25 days of active service. Her Total Active Federal Service Date is 6 June 1989. Post-9/11 GI Bill Transferability: Any member of the Armed Forces (active duty and/or Selected Reserve) who meets Post- 9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance: Has at least six years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either Air Force policy, DoD policy or statute from committing to four additional years (HYT, MEB/TDRL, etc.) of service and agrees to serve for the maximum amount of time allowed by such policy or statute. According to AFI 36-2306, Voluntary Education Program, the following options expired on 31 July 2012. Is or becomes retirement eligible during the period from 1 August 2009 through 1 August 2012 and agrees to serve the additional period, if any, specified below. For the purposes of this paragraph, a member is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed under title 10 U.S.C § 12732. For those members eligible for retirement on 1 August 2009, no additional service is required. For those members who have an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service is required. For those members eligible for retirement after 1 August 2009 and on or before 1 August 2010, one year of additional service from the date of request is required. For those members eligible for retirement after 1 August 2010 and on or before 1 August 2011, two years of additional service from the date of request is required. For those members eligible for retirement after 1 August 2011 and on or before 1 August 2012, three years of additional service from the date of request is required. Retirees recalled to active duty may transfer unused Post- 9/11 GI Bill benefits with no additional service commitment. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends the applicant’s request be approved. She was on terminal leave at the program standup and did not receive proper counseling prior to entering terminal leave status. Therefore, she did not have the opportunity to process the TEB action while on active duty. Due to this injustice the TEB application should be approved effective 30 August 2009. The complete DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 10 January 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). ________________________________________________________________ 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 error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe it is in the interest of justice to recommend granting the requested relief. Therefore, 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 the applicant has been the victim of an error or injustice. Accordingly, we recommend his records be corrected as set forth 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 August 2009, she elected to transfer her Post-9/11 GI Bill Educational Benefits to her dependents. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 1 July 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered in AFBCMR BC-2013- 04835: Exhibit A. DD Form 149, dated 7 October 2013, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 12 November 2013. Exhibit C. Letter, SAF/MRBR, dated 10 January 2014. Panel Chair