RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00247
		
						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill Education Benefits be transferred (TEB) to his dependents.

APPLICANT CONTENDS THAT:

In Mar 10, he was misinformed by the Veterans Administration (VA) presenter during his Transition Assistance Program (TAP) briefing at Wright Patterson Air Force Base, Ohio.  He spoke at length with the VA representative regarding transfer of education benefits to his dependents and was told the transferred benefits were good for 10 or 15 years depending on the program he chose.  Additionally, he could use the benefits himself and transfer the remaining months to his dependents when they were ready to attend college. 

In 2014, he learned he had to transfer his benefits prior to separating and was devastated.  If he had been told this information by the VA representative, he would have completed the transfer that day.

Upon contacting the Education Department Supervisor at the Buffalo VA Regional office, he was again misinformed when told there was no way to appeal/challenge this policy.

He understands the Post-9/11 GI Bill program was new when he attended the TAP briefing, but this misinformation is terrible and unjust.

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

STATEMENT OF FACTS:

On 30 Sep 10, the applicant was furnished an Honorable discharge, and was credited with 21 years, 2 months, and 12 days of active service and 27 years, 1 month, and 6 days service for base pay.

The applicant was retirement eligible on 1 Aug 09, and would not have incurred an additional service obligation with transfer of benefits.

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:

ARPC/DPTT recommends granting the applicant’s request, indicating there is evidence of an error or injustice.

Although the system to transfer Post-9/11 GI Bill education benefits was in place prior to the applicant’s retirement, it is entirely possible he did not receive sufficient counseling regarding transfer of benefits.

A complete copy of the ARPC/DPTT 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 2 Dec 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 not timely filed; however it is in the interest of justice to excuse the failure to timely file.

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 applicant may not have received sufficient counseling regarding transfer of benefits.  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 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 on 1 August 2009, his election to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents was approved, with no additional service required.

The following members of the Board considered AFBCMR Docket Number BC-2016-00247 in Executive Session on 8 Jun 17 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-2016-00247 was considered:

	Exhibit A.  DD Form 149, dated 11 Jan 16, w/atch.
	Exhibit B.  Excerpt from Personnel Record
Exhibit C.  Memorandum, ARPC/DPTT, dated 5 Apr 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 2 Dec 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, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.