RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03754 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependent. APPLICANT CONTENDS THAT: He was discharged in 2009 and the program was not established until right before he retired. As such, he was not counseled or did not realize that election had to be made prior to his discharge. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant retired from the Air Force in the grade of Major General (O-8) effective 31 Oct 09. According to the Defense Manpower Data Center (DMDC) application, there is no record the member applied for TEB at any time, nor did he inquire with the Total Force Service Center (TFSC) according to the Right Now Technology regarding TEB (to include eligibility for the program). The applicant’s Total Active Federal Military Service Date (TAFMSD) is 18 Sep 88. In accordance with DTM 09-003, Post-9/11 GI Bill, Paragraph (3)(a), “For those 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. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit B. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. There is no record in the Defense Manpower Data Center (DMDC) application that the applicant applied for TEB; therefore, no eligibility for the program could be established, as the law/regulations cite the date of request as the date on which the appropriate service obligation would be established (IAW AFI 36-2306, Attachment 9, A9.18.l.2, A9.18.l.3 and A9.18.l.4). Without a request, a TEB application cannot be approved and eligibility cannot be determined. Furthermore, the applicant signed his DD Form 2648, Preseparation Counseling Checklist, indicating that he did not desire any counseling on the educational benefits of the MGIB or Post-9/11 GI Bill. If the BCMR feels an injustice has occurred and decides to approve the case, the TEB approval date would be 1 Aug 09, with an obligation end/ADSC date of 1 Aug 09. 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 17 Nov 14 for review and comment within 30 days (Exhibit C). The applicant states, HQ AFPC/DPSIT recommends "deny request" based on "there being no evidence that the member applied for TEB via MilConnect in August 2009." He does not dispute the accuracy of this statement; however, every reference that the Air Force OPR uses pertaining to his request is published after the date of his retirement on 31 Oct 09. In this regard, the AFI’s that were in affect at the time had no guidance that detailed the requirements and processes for transferring the benefit. In regards to the DD Form 2648, Preseparation Counseling Checklist, he would like to point out that it is incomplete in that “Block 7a” is not checked, although the time from the counseling until his separation (20 Aug 09 to 31 Oct 09) is in fact less than 90 days. Furthermore, “Section III, Item f” is not checked to indicate counseling was either accepted or declined. Also at the time he completed the checklist, a line was drawn through all checklist items to indicate N/A, as he was unsure what they all meant and what should be checked. Moreover, in Aug 09 the program to allow military members to transfer Post-9/11 GI Bill benefits to dependents was under discussion and detailed information was yet to be established. AFI 36-2306 was not extensively updated to include appendix 9 Chapter 33, Post 9/11 GI Bill, until a year later, 13 Aug 10. Therefore, there was no information available to indicate that this TEB election had to be made at that time. Additionally, there was no information available indicating that if an election was made it would or would not be revocable. Had this information been available in Aug 09 it would only be logical that he would transfer at least a month of eligibility to his dependent. A complete copy of the applicant’s rebuttal is at Exhibit D. THE BOARD CONCLUDES THAT: 1.  The applicant has exhausted all remedies provided by existing law or regulations. 2.  The application was timely filed. 3.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 4.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. While we note the comments of AFPC/DPSIT indicating that relief should be denied because no eligibility for the program could be established; we believe corrective action is warranted. After a thorough review of the evidence of record and the applicant’s complete submission, it appears that the applicant had every intention of transferring his benefits, but was never properly informed on the requirements to elect transfer prior to separating from active duty. In this regard, at the time of the applicant’s retirement, the Post-9/11 GI Bill was still being introduced. Given the applicant had more than 20 years of satisfactory service and would not have incurred an additional ADSC obligation to transfer his TEB, we find the evidence provided sufficient to provide relief. Therefore, in the interest of justice, we recommend his record 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-2014-03754 in Executive Session on 14 Jul 15, under the provisions of AFI 36-2603: The board unanimously voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Sep 14. Exhibit B. Letter, AFPC/DPSIT, dated 20 Oct 14, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 17 Nov 14. Exhibit D. Applicant’s Rebuttal, dated 12 Dec 14.