RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-02025 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents on 30 Jul 10, the original date of his TEB application submission. APPLICANT CONTENDS THAT: At the time of his TEB to his dependents, he had 2 years remaining on his enlistment. He was told the TEB would result in a 4-year service obligation, but he never thought he had to re-enlist mid-tour. He retired Dec 14, having served his 4-year service obligation for TEB. He did everything he could have to ensure he qualified for TEB. The applicant’s complete submission, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 15 Apr 94. On 11 Mar 14, the applicant signed DD Form 2648, Preseparation Counseling Checklist for Active Component Service Members, and indicated that he did not desire counseling for Education benefits. On 30 Nov 14, the applicant was furnished an honorable discharge, retired effective 1 Dec 14, and was credited with 20 years, 7 months, and 16 days of active service. 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. 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. Records in the Defense Manpower Data Center (DMDC) show the member applied for TEB on 30 Jul 10. However, his application was rejected because he did not have retainability nor did he sign the required Statement of Understanding (SOU). Without retainability and a signed SOU, no eligibility for the program could be established, in accordance with (IAW) DoDI 1341.13, Post-9/11 GI Bill, and AFI 36-2306, Voluntary Education Program, that cite the date of request as the date on which the appropriate service obligation would be established. Although the member served 4 years after his initial TEB application (retired 1 Dec 14), he did not fulfill application requirements IAW AFI 36-2306, by enlisting, applying for an extension or reenlistment to meet retainability requirements for the benefit. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In support of his request the applicant responded to the OPR advisory opinion recommendation reiterating his application contentions. He argues that he did sign an SOU on 30 Jul 10, he served 4 years after his enrollment, and was honorably released from the Air Force. While enlisted, the Air Force Portal reflected benefits had been transferred and there was no indication that his TEB benefit was jeopardized in any form. He stated that he recently contacted a TEB Program Liaison and he was able to see in the system (no identification of what system) that the applicant did TEB on 30 Jul 10. Also, the liaison informed him that during the Jul 10 timeframe, the program was in the beginning stages, and he should submit a DD Form 149 for correction. A complete copy of the Applicant’s response is at Exhibit E. 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. After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal, we believe the applicant is the victim of an injustice. While we note the comments of AFPC/DPSIT indicating that relief should be denied because Defense Manpower Data Center (DMDC) shows his TEB application was rejected because he did not have retainability nor did he sign the required Statement of Understanding (SOU), we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the applicant recently contacted a TEB Program Liaison and after reviewing the applicant’s electronic records, was able to confirm he did transfer his educational benefits to his dependents on 30 Jul 10. The Board is aware that during the time of this matter, the Post 9/11 GI Bill TEB program was in the beginning stages, and there was much confusion in regards to processing applications and/or getting TEB approval. Finally, the applicant served on active duty four years and four months after he applied for TEB on 30 Jul 10, retiring 1 Dec 14, therefore, meeting the service obligation criteria of DoDI 1341.13, Post-9/11 GI Bill, and AFI 36-2306, Voluntary Education Program. Although we find no evidence of an error on the part of the Air Force, we believe that it is in the interest of justice to provide the requested relief. Therefore, we recommend the applicant’s records be corrected as indicated below. 4.  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. 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 30 July 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-2015-02025 in Executive Session on 5 Apr 16 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02025 was considered: Exhibit A.  DD Form 149, dated 12 May 15. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIT, dated 4 Jun 15. Exhibit D.  Letter, SAF/MRBR, dated 30 Sep 15. Exhibit E.  Letter, Applicant, dated 1 Oct 15.