RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00294
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was not counseled on the TEB program prior to retirement. 

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

STATEMENT OF FACTS:

On 12 May 87, the applicant initially entered the Regular Air Force.

On 1 Aug 09, the TEB program was activated.

On 1 Jan 10, the applicant was furnished an Honorable discharge, and was credited with 22 years, 7 months, and 19 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 there is evidence of an error or injustice.

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

Based on the member’s Total Active Federal Military Service Date, he would have incurred no Active Duty Service Commitment with TEB approval (AFI 36-2306-AFGM1, 18a(4)(b)).

The TEB program was newly established at the time the applicant retired; guidance and information was limited.  It is feasible the applicant was not adequately informed prior to retirement.

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 11 Oct 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 further note the OPR states the TEB program was newly established at the time the applicant retired and guidance and information was limited.  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.

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-2016-00294 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-2016-00294 was considered:

	Exhibit A.  DD Form 149, dated 18 Jan 16, w/atchs.
	Exhibit B.  Applicant's Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 8 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 11 Oct 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.