RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00281
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He completed and submitted TEB paperwork while attending the Transition Assistance Program.  The required paperwork was submitted in triplicate; however, he lost his copies due to home of record move.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 4 Dec 89, the applicant initially entered the Regular Air Force.

On 1 Jan 10, the applicant was furnished an Honorable discharge, and was credited with 20 years, 0 months, and 27 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/DP3SA recommends granting the applicant’s request, indicating it is feasible the member was not adequately informed about the approval process.

According to the Defense Manpower Data Center application, there is no record the applicant applied for TEB.  

Based on the applicant’s Total Active Federal Military Service Date, he would have incurred no Active Duty Service Commitment with TEB approval.

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 5 Jul 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 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 do not find it reasonable that he would have knowingly elected not to take the necessary action in order to ensure that he retained this entitlement for all of his dependents.  As such, it is our opinion the applicant more likely than not was not aware of the steps necessary to complete the transfer of educational benefits.  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 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-2016-00281 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-2016-00281 was considered:

	Exhibit A.  DD Form 149, dated 19 Jan 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 8 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 5 Jul 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-2016-00281, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.