RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04837 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. APPLICANT CONTENDS THAT: He was denied Transfer of Education Benefits (TEB) because his records did not reflect that he was on active duty. The error was corrected by the Board in AFBCMR Docket Number BC-2013- 01357. Had it not been for this error, he would have requested TEB before his retirement in 2013. The delay should not be held against him. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant was discharged from the Air National Guard (ANG) effective 28 January 2013 and placed on the Temporary Disability Retired List (TDRL) effective 29 January 2013 in the grade of Master Sergeant (MSgt, E-7). According to Special Order ACD-00702 dated 7 December 2012, the applicant was permanently retired effective 29 January 2013 in the grade of MSgt with a compensable percentage for physical disability of 70 percent. He was credited with 25 years, 8 months and 14 days of service for basic pay. On 12 May 2014, the Board corrected the applicant’s records to show that he was on active duty from 27 March 2010 to 15 October 2011. Per Directive Type Memorandum (DTM) 09-003, Post 9/11 GI Bill, dated 22 June 2009, Individuals must serve on active duty on or after 11 September 2001 for at least 30 continuous days with a discharge due to a service-connected disability; or an aggregate period ranging from 90 days to 36 months or more. Failure to complete service agreement is waived if the member is discharged or released from active duty or selected reserve for a physical or mental condition that did not result from the individual’s own misconduct but did interfere with the performance of duty. AIR FORCE EVALUATION: NGB/A1Y recommends approval. The applicant was unable to request TEB prior to his retirement on 28 January 2013 due to the error in his records regarding his qualifying active duty service. Public Law (PL) 110-252 and Directive Type Memorandum (DTM) 09- 003 states an individual may only be approved for TEB while serving in the Armed Forces. The AFBCMR Docket Number, BC-2013- 01357, corrected his active service time, thus qualifying him for the Post-9/11 GI Bill and TEB. A complete copy of the NGB/A1Y evaluation, with attachments, is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 June 2015 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. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of an error or an injustice. 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 28 June 2010, 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-2014-04837 in Executive Session on 18 August 2015 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 4 November 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, SAF/MRB, dated 12 May 2014, w/atchs. Exhibit D. Memorandum, NGB/A1Y, undated, w/atchs. Exhibit E. Letter, SAF/MRBR, dated 3 June 2015.