RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03697 XXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependents. APPLICANT CONTENDS THAT: In 2009, he was erroneously informed by his Military Personnel Flight (MPF) that he was not eligible for the Post-9/11 GI Bill as he declined the Montgomery GI Bill upon entering Active Duty. Due to this misinformation, he did not know he was in fact eligible and therefore would have had the option of transferring the benefits to his family. If properly informed, he would have made the adjustment very early in the process. In 2014, he attended the Executive Transition Assistance Program (ETAP), where he learned that he was eligible. Upon discovering the error he immediately contacted the TEB office who told him that since he had an official retirement date, he was ineligible to apply and would need to submit an application to the BCMR for correction. In support of his appeal, the applicant submits a personal letter to the Board and a copy of his “MyPers” discussion thread regarding the error to his TEB. Additionally, the applicant states that he called the duty station where the error occurred, but all the personnel who gave him the information have PCS’d or transitioned. The conversation he had with them was in-person, so no records were kept on their end, and he has nothing further to provide other than his verbal information. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On the date the application was submitted, the applicant was serving in the Regular Air Force in the grade of colonel (O6). According to a TEB Discussion Thread, provided by the applicant, he contacted the Total Force Center (TFSC) on 18 Jun 14 to inquire about a waiver to transfer his benefits since he was not properly advised. The TFSC told him to submit a DD Form 149, Application for Correction of Military Records, to the BCMR. The applicant’s Total Active Federal Military Service Date (TAFMSD) is 6 Nov 88. In accordance with AFI 36-2306, “For individuals eligible for retirement on 1 August 2009, no additional service is required.” Based on his TAFMSD, he would have incurred no active duty service commitment (ADSC) obligation with TEB approval. On 1 Sep 14, the applicant retired from the Air Force. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit B. AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. The applicant states that he was misinformed by his Education Office that he was not eligible for the Post-9/11 GI Bill and it was not until he attended ETAP, in May of 2014, that he learned he was in fact eligible. Upon discovering the error he contacted the TEB office for assistance. However, as he already had an approved retirement date, he was ineligible to apply for TEB and was instructed to submit a DD Form 149, Application for Correction of Military Records. In this regard, the applicant was not properly briefed on the eligibility requirements for TEB approval and should be granted his TEB benefits effective 1 Aug 09 with no incurred ADSC obligation. A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Dec 14 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. 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. 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 1 Aug 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. The following members of the Board considered AFBCMR Docket Number BC-2014-03697 in Executive Session on 11 May 15, under the provisions of AFI 36-2603: XXXXXXXXXXXXXX XXXXXXXXXXXXXX XXXXXXXXXXXXXX The board unanimously voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Sep 14 w/atchs. Exhibit B. Letter, AFPC/DPSIT dated 14 Nov 14 w/atchs. Exhibit C. Letter, SAF/MRBR, dated 23 Dec 14.