RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2015-05289
						COUNSEL:  

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

During 2009-2010, while stationed in Washington DC and seated in a Department of Defense facility, he used his limited personal computer resources from his apartment to accomplish transfer of educational benefits eligibility via VONAPP.  He received guidance/assistance from the 11th Mission Support Squadron Education Advisor at Bolling Air Force Base via phone and email.  He received a letter from Department of Veterans Affairs confirming his transfer request, and, subsequently, completed the online request and Statement of Understanding.  He understood all actions to be completed properly.

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

STATEMENT OF FACTS:

On 29 May 85, the applicant initially entered the Regular Air Force. 

On 25 Aug 09, Department of Veterans Affairs Certificate of Eligibility to the applicant acknowledges receipt of his application to transfer benefits to his dependents.

Based on the applicant’s Total Active Military Service Date of 29 May 85, he would not have incurred an Active Duty Service Commitment with TEB approval (Air Force Instruction (AFI) 36-2306, Voluntary Education Program, Attachment 9, A9.18.1.2.).

On 30 Sep 12, the applicant was furnished an Honorable discharge, and was credited with 27 years, 4 months, and 2 days of active service.

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/DP3SA recommends approval.

There is no record in the Defense Manpower Data Center the applicant applied for TEB.  Without a request, eligibility for the program cannot be established, as Department of Defense Instruction 1341.13, Post-9/11 GI Bill, and Air Force Instruction 36-2306, Voluntary Education Program, cite the date of request as the date on which the appropriate service obligation would be applied.  However, he provides sufficient evidence of his intent to transfer benefits during program start-up.  The TEB program was newly established at the time the applicant stated he applied and guidance/information was limited.  It is feasible the applicant was not adequately informed about the approval process.

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 15 Jun 16 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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 office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  We further note the OPR states the program was newly established and it is feasible the applicant was not adequately counseled.  As such, it is our opinion the applicant, more likely than not, was not made aware of the steps necessary to complete the transfer of benefits to his dependents prior to retirement.  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 his dependents.  Therefore, we recommend the applicant’s record be corrected as indicated below.  

4.  The applicant’s case is adequately documented and it has not been shown 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 on 1 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents.

The following members of the Board considered AFBCMR Docket Number BC-2015-05289 in Executive Session on 8 Jun 17 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05289 was considered:

	Exhibit A.  DD Form 149, dated 18 Dec 15, w/atchs.
	Exhibit B.  Excerpt from Personnel Records
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 30 Mar 16
	Exhibit D.  Letter, AFBCMR, dated 15 Jun 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2015-05289, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.