RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03600
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS:

He be authorized to transfer his Post-9/11 GI Bill Education Benefits (TEB) to his dependents. 

APPLICANT CONTENDS:

While he was serving in the AF Reserve, he transferred his educational benefits to his dependents.  At the time, he was only required to serve a one-year of additional active duty service commitment (ADSC) to maintain his benefits, but his qualification for TEB is not reflected in his records. 

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant currently serves in Air National Guard (ANG) in the grade of Senior Master Sergeant.

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

AIR FORCE EVALUATION:

NGB/A1 recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  DoDI 1341.13, Post-9/11 GI Bill, requires individuals eligible for retirement after 1 Aug 09, and before 1 Aug 10 to serve one year of additional service to qualify for TEB.  The applicant obtained 20 years of satisfactory service toward a Reserve retirement on 19 Apr 10, indicating he would have only had to serve a one-year ASDC to qualify for TEB transfer.  According to the TEB database, the first instance of the applicant attempting to transfer his educational benefits was 10 Apr 15.  This request was not approved because the applicant did not provide a Statement of Understanding (SOU) agreeing to a four-year active duty service commitment (ADSC).  However, the applicant did submit a signed SOU, dated 22 Aug 11, when he was serving in the AF Reserve.  The 22 Aug 11 SOU showed he accepted a Reserve Service commitment through 14 Apr 13.  It does appear the intent of the applicant was to transfer his educational benefits to his dependents on 22 Aug 11, and as such, he completed his one-year TEB-related service obligation.  
 
A complete copy of the NGB/A1 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 19 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:

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.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of NGB/A1 and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error.  Therefore, we recommend the applicant's records be corrected as indicated below.	

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 22 August 2011 he transferred his Post-9/11 Educational Benefits (TEB) to his dependents, and subsequently completed the required active duty service commitment to retain TEB.  

The following members of the Board considered AFBCMR Docket Number BC-2015-03600 in Executive Session on 29 Sep 16 under the provisions of AFI 36-2603:

Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03600 was considered:

	Exhibit A.  DD Form 149, dated 18 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1, dated 4 Apr 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 19 Apr 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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.