RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-03002 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents while on active duty.

APPLICANT CONTENDS THAT:
He is being told he cannot transfer his education benefits now because he did not transfer his education benefits while he was on active duty. While on terminal leave in 2009, he tried to transfer his education benefits to his dependents, via telephone, but was told he didn’t need to do so until his dependents were ready to begin school. Now that he is retired, and his dependents are ready to start class, he is being denied TEB eligibility.

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

STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 17 Nov 88.
On 19 Nov 08, the applicant’s commander submitted his request for voluntary retirement, with an effective date of 1 Oct 09.

As the applicant was eligible for retirement on 1 Aug 09, no additional service was required.

On 30 Sep 09, the applicant was relieved from active duty and retired, effective 1 Oct 09, and was credited with 20 years,
10 months, and 14 days of active service.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. There is no record the member applied for TEB with Defense Manpower Data Center, or the Total Force Service Center. Further, the applicant provides no evidence he attempted an application for TEB; therefore, no eligibility for the program could be established. AFI 36-2306, Voluntary Education Program, states the date of TEB request is the date on which  the appropriate service obligation would be established. Based on his, Total Active Federal Military Service Date of 17 Nov 88, he would have incurred no obligation with TEB approval. However, without a request, a TEB application cannot be approved.

A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant refutes the position of the OPR and argues his request was submitted in a timely manner because the injustice was just recently discovered and he immediately submitted his request [to the Board]. Further, he was never counseled or briefed on TEB during his out-processing. He out-processed in May 2009, began terminal leave in June 2009, and the governing directives were not yet in effect when he retired. Specifically, the Directive Type Memorandum (DTM 09-003), dated 22 Jun 09, was to be converted to a new DoD Instruction within 180 days. Also, the paragraph of AFI 36-2306 referencing transfer of benefits while on active duty was not published until 2010, making it impossible for him to comply with. He believes he is eligible for TEB but can't transfer his benefits, through no fault of his own, because guidelines were not established while he was on active duty and there should be a grandfather clause for veterans in this situation.

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 error or injustice. While we note the Air Force office of primary responsibility indicates the applicant has not provided sufficient documentation that shows he transferred his Post 9/11 GI Bill benefits prior to his retirement, it appears more likely than not, he was not made aware of his eligibility and the necessary steps to transfer his education benefits to his dependents. During the timeframe of the applicant’s retirement, there was an overall lack of awareness of the proper procedures to
1.	

transfer education benefits. Additionally, we note the applicant contends the Air Force did not provide individual counseling as required. It is our opinion the Air Force has not offered any evidence to rebut the applicant’s claim or otherwise prove that counseling was provided to the applicant on this topic. Further, as the applicant had qualifying service for TEB, and met all other criteria to transfer the education benefit to his eligible dependents, we recommend the applicant's 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 that on 1 Aug 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents.

The following members of the Board considered AFBCMR Docket Number BC-2014-03002 in Executive Session on 11 May 15 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:

Exhibit A.	DD Form 149, dated 8 Jul 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSIT, dated 22 Aug 14. Exhibit D.	Letter, SAF/MRBR, dated 10 Aug 14.
Exhibit E.	Letter, Applicant, dated 27 Oct 14.