RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04336
 		
                     	     COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be able to transfer his Post 9/11 GI Bill educational benefits to his children.

APPLICANT CONTENDS THAT:

In Jul 09 while stationed at Elmendorf AFB, Alaska he transferred 12 months of educational benefits eligibility to each of his dependent children using the Transfer of Educational Benefits (TEB) website.

He started terminal leave in Aug 09 thinking all the necessary steps were taken for the transfer.

In Sep 15, the VA informed him that he had not transferred benefits when a son applied to use the benefit and was denied.  

There must have been a system glitch when he used the TEB website in Jul 09.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 12 Feb 87.  

On 30 Nov 09,, the applicant was furnished an honorable discharge, and was credited with 22 years, 9 months, and 19 days of active service.

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:

AFPC/DPS3A recommends granting the applicant’s request to transfer his Post 9/11 GI benefits to his dependent children.  Although there is no evidence the applicant applied for the TEB, there is a high probability an error occurred when he said he applied in Jul 09 using the TEB program website. The TEB program stood up on 1 August 09; however, the member completed his pre-separation checklist in Jun 09 and began terminal leave in Aug 09.  Further, the applicant’s Total Active Military Service date is 12 Feb 87 and based on his retirement date he would not have incurred any added service obligation in transferring his Post 9/11 GI educational benefits.  
 
A complete copy of the AFPC/DP3SA 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 6 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 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 OPR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error. Although there is no evidence demonstrating the applicant did apply for the TEB program, the TEB website did experience problems in its infancy and initial rollout at the time when the applicant states he applied. As a result, we conclude the applicant’s TEB application was, most likely, not properly processed using the TEB website.  Additionally, based on TEB eligibility criteria, the applicant would have incurred no further service obligation with TEB approval.  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 his application for the Transfer of Educational Benefits, Post 9/11 GI Bill, was approved on 1 Aug 09.

The following members of the Board considered AFBCMR Docket Number BC-2015-04336 in Executive Session on 13 Dec 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 was considered:

	Exhibit A.  DD Form 149, dated 6 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 19 Feb 16.
	Exhibit D.  Letter, SAF/MRBR, dated 6 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 that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.