RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03530

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents. 

APPLICANT CONTENDS THAT:

At the time of his retirement, he was not aware nor informed of Post-9/11 GI Bill transfer of education benefits (TEB) rules mandating that a military member must be on active duty to be eligible to TEB.  He is 100 per cent certain he would have chosen to transfer his education benefits to his dependents had he been properly informed of this requirement.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 16 Apr 85.

On 16 Oct 07, the applicant completed DD Form 2648, Checklist for Active Component Service Members, indicating he sought counseling on education and training benefits. 

On 12 Nov 08, the applicant completed his retirement application, listing five dependents.  

On 31 Jul 09, the applicant was furnished an honorable discharge, retired effective 1 Aug 09, and was credited with 24 years, 3 months, and 15 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. 

Transferability of Unused Education Benefits to Family Members:  Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance.  For individuals eligible for retirement on August 1, 2009, no additional service is required. 

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.  The application was not filed within three years of the discovery of the alleged error or injustice, or with due diligence, should have been discovered.  Notwithstanding timeliness, they determined he was discharged on 31 July 09, and retired effective 1 Aug 09.  By law and DoD regulations, a military member must be serving in the Armed Forces on or after 1 Aug 09.  Therefore, the applicant is ineligible to transfer educational benefits to dependents.

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 4 Apr 16 for review and comment within 30 days (Exhibit D).  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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, the Board majority is persuaded sufficient relevant evidence has been presented to demonstrate the existence of injustice that warrants relief.  The Board notes the comments of AFPC/DPSIT indicating that relief should be denied because he was discharged on 31 July 09, and retired effective 1 Aug 09, and by law and DoD regulations, a military member must be serving in the Armed Forces on or after 1 Aug 09.  Nonetheless, based on the evidence of record, the Board majority finds it reasonable to believe that had the applicant been properly briefed on the extension requirements for his entitlement to the benefits of the TEB, he would have requested the one-month extension needed.  In this respect, we note that during the matter in question, the TEB program was in its earliest stages, and in view of the fact that despite the best efforts of the Air Force, many service members were unaware of the steps required to successfully complete the TEB process until several months after the inception of the TEB program.  Additionally, Air Force members similarly situated to the applicant were provided the opportunity to extend their service solely to qualify to TEB.  In view of this, and in light of the fact the applicant was retirement eligible during the period from 1 Aug 09 through 1 Aug 13, and no additional service was required for TEB eligibility, the Board majority recommends the applicant’s records be corrected as indicated below.

THE MAJORITY OF THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

	a.  On 31 July 2009, he was not relieved from active duty, but was continued until 31 August 2009.  

	b.  On 1 August 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependents. 

	c.  On 31 August 2009, he was relieved from active duty and on 1 September 2009 he retired from the United States Air Force.    

The following members of the Board considered AFBCMR Docket Number BC-2015-03530 in Executive Session on Thursday, 29 Sep 2016, under the provisions of AFI 36-2603:

The majority of the members voted to correct the records as recommended.  Mr. XXXXXX voted to deny the request and has submitted a minority report which is attached at Exhibit E.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03530 was considered:

	Exhibit A.  DD Form 149, dated 12 Aug 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 8 Dec 15.
	Exhibit D.  Letter, SAF/MRBR, dated 4 Apr 16.
	Exhibit E.  Minority Report, dated 14 Oct 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.