RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-05033

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents.

APPLICANT CONTENDS THAT:

At the time he applied to transfer benefits to his dependents he had 3 years and 11 months left on a prior service commitment.  He was overseas when he applied online and accepted the 4 year service commitment.  He was not aware or received any notification that he needed to sign paperwork.

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

STATEMENT OF FACTS:

On 1 March 2016, the applicant retired and was credited with 20 years, 6 months and 5 days of active duty service for retirement.

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/DP3SA recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  The Defense Manpower Data Center (DMDC) records reflect the applicant applied for TEB on 29 September 2009.  His application was rejected because he failed to sign the required AF Form 4406, Post 9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU).

According to the governing instruction all service members must complete a SOU.  According to the Right Now Technology, there is no record the Total Force Service Center (TFSC) contacted the applicant concerning his application for TEB.

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 26 August 1995. According to the DMDC records the applicant applied for TEB on 28 September 2009.  Based on the applicant’s TAFMSD, he would have incurred a 4 years Active Duty Service Commitment (ADSC) to 27 September 2013 with TEB approval.

On 7 August 2015, the applicant applied for retirement.  He retired on 1 March 2016.

DP3SA notes it is feasible that the applicant never received his TFSC notification regarding his TEB transfer due to the communications of his deployment location.  Furthermore, the applicant served past the ADSC date associated with his 2009 application.  

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 3 May 2016, 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.  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, we are persuaded that relief is warranted.  In this respect, we note the Air Force office of primary responsibility (OPR) indicates that the Defense Manpower Data Center (DMDC) record substantiates the applicant applied for Transfer of Education Benefits (TEB) for his dependents on 28 September 2009.  Additionally noted are the OPR comments indicating it is feasible that the applicant never received his Total Force Service Center (TFSC) notification regarding his TEB transfer due to the communications of his deployment location, and, the applicant served past the ADSC date associated with his 2009 application.  In view of this and noting the applicant did take affirmative action to transfer his educational benefits, we find a sufficient basis to conclude that he has been the victim of an injustice and therefore, recommend the 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:

a.  On 28 September 2009, he elected to transfer his Post 9/11 GI Bill Education Benefits to his dependents.

	b.  He completed his active duty service commitment (ADSC) on 27 September 2013.

The following members of the Board considered AFBCMR Docket Number BC-2015-05033 in Executive Session on 13 December 2016, 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-2015-05033 was considered:

	Exhibit A.  DD Form 149, dated 23 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 9 Mar 16.
	Exhibit D.  Letter, SAF/MRBR, dated 3 May 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.