RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2014-03798 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits to his eligible dependents in 2010.

APPLICANT CONTENDS THAT:
He is not eligible for Transfer of Education Benefits (TEB) because he did not sign the Active Duty Service Commitment (ADSC) Statement of Understanding (SOU) when he applied for TEB. In January 2010, while deployed, he completed his TEB application and received verification from the Air Force Personnel Center. However, he was not informed his application was not accepted or incomplete. He did not discover the discrepancy in until he reviewed his eligibility years later, as when his daughter was about to enter her junior year of high school. At the time of his application, he was selected to attend an in-residence Professional Military Education (PME) program, which incurred a 3- year service commitment. His 1 year deployment, followed by a 3- year ADSC for PME, would have satisfied the obligated service to transfer benefits, had he been properly notified.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:
The applicant is currently a member of the Regular Air Force, serving in the grade of lieutenant colonel (O-5).

Transferability of Unused Education Benefits to Family Members. Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009 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 the member meets one of the following:

Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application 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, NOAA Corps, or PHS) on the date of application, is precluded by either Air Force policy (e.g., High Year Tenure [HYT]), DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute.

As the applicant served on active duty since 11 Sep 01, he is entitled to Post-9/11 GI Bill educational benefits in his own right. Had the applicant elected to transfer his benefits on the date requested, he would have incurred a two-year active duty service commitment (ADSC), which he has already fulfilled.

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval, indicating there is evidence of an error or injustice. The applicant applied for TEB on 9 Feb 10 and his application was rejected on 14 Aug 10 because he did not sign the required TEB SOU. He claims he did not receive the email from the Total Force Service Center (TFSC) in January 2010, and that is why he could not complete all program requirements. At the time of his TEB application, there was no banner on the vMPF website to direct members to verify their telephone number and email address. Therefore, it is impossible to determine if the applicant’s email address was valid at the time of application, and if he actually received the communication from the TFSC regarding both the initial notification and the rejection notice. It is recommended the member's TEB be approved effective 9 Jan 10, with  an obligation end date of 8 Jan 13.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 24 Nov 14 for review and comment within 30 days (Exhibit E). 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.
1.	

2.	The application was timely filed.
3.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) the applicant has been the victim of an error or injustice. While it is unclear why the OPR recommends to correct the applicant’s TEB date to 9 Jan 10, when there is evidence the applicant applied for TEB on 9 Feb 10, we find this one month discrepancy irrelevant in the outcome of our decision. Further, any additional commitment owed by  the applicant since 2010 has been fulfilled, as evidenced by the fact he is currently serving on active duty at the time of this decision. Therefore, 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 9 January, 2010, 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-2014-03798 in Executive Session on 17 Jun 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 29 Aug 14.
Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSIT, dated 27 Oct 14. Exhibit D.	Letter, SAF/MRBR, dated 24 Nov 14.