RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05146

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Post 9/11 GI Bill Transfer of Education Benefits (TEB) application date reflect 2012.  

APPLICANT CONTENDS THAT:

He initially applied for a transfer of education benefits to his dependents in 2012, with the Dobbins Air Reserve Base Education office.  At that time he was told transfer of benefits was complete and all he had to do was submit a Statement of Understanding (SOU), which he did in 2012. He also understood he had to commit additional time in service for the benefit to apply.

He was not informed of a Defense Manpower Data Center (DMDC) website to further process his transfer and was unaware of the requirement.  He would have completed the website process if he had known.

In Aug 15, he began to review his personnel records to check the status of the transfer and was shocked to find an additional process was necessary.  Therefore, he is asking the Air Force to honor his prior submittal of the SOU.

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

STATEMENT OF FACTS:

On 22 Aug 90, the applicant initially entered the Regular Air Force.

On 5 Feb 05, the applicant entered the Air Force Reserve.

On 29 Jun 09, the DMDC website for transfer was activated for use.

On 1 Aug 09, Post-9/11 GI Bill program and the Transfer of Education Benefits were initiated.  Air Force Reserve Command supplied step-by-step instructions and checklists to provide knowledge of the programs to unit representatives and members.  This information was also available through the Air Force website, AFPERS (now called MyPers).

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:

ARPC/DPTTB recommends denial indicating there is no evidence of an error or an injustice.

After careful review of the member’s record the only request for transfer of Post-9/11 GI Bill benefit was made on 20 Aug 15.  This is the official instrument of transfer.  There is no other mechanism to request, process, or document transfer.  Signing an SOU simply indicates the member has read and understands the parameters of the program and the member’s responsibilities.  The SOU does not initiate the transfer itself.

We have no documentation to support a previous application and no confirmation of a request prior to 20 Aug 15.  Department of Defense has provided the standard by which we document attempts to transfer benefits.  This is outlined in Policy on Super User Access Level, B.1.2.

A complete copy of the ARPC/DPTTB 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 14 Jul 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.  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, we believe corrective action is warranted.  While we note the comments of ARPC/DPTTB indicating relief should be denied because the applicant’s records contain no documentation to support a previous application or request prior to 20 Aug 15, we believe the Statement of Understanding signed by the applicant on 10 Feb 12 is evidence of intent to culminate the transfer and corrective action is warranted.  In addition, we do not find it reasonable that he would have knowingly elected not to take the necessary action in order to ensure he retained this entitlement for all of his dependents.  Therefore, in the interest of justice, we recommend the applicant’s record 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, on 10 February 2012, he elected to transfer his Post-9/11 GI Bill Educational Benefits to all his eligible dependents.

The following members of the Board considered AFBCMR Docket Number BC-2015-05146 in Executive Session on 30 Mar 17 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05146 was considered:

	Exhibit A.  DD Form 149, dated 1 Dec 15, w/atch.
	Exhibit B.  Applicant's Excerpts from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTTB, dated 13 May 16.
	Exhibit D.  Letter, AFBCMR, dated 14 Jul 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.