RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00940

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her records be corrected to reflect she transferred her Post-9/11 GI Bill Education Benefits (TEB) to her two dependents while on active duty.

APPLICANT CONTENDS THAT:

Her retirement out-processing was outside the normal channels (completed on-line) and she was not briefed on the Post 9/11 GI Bill TEB program prior to retiring.  She was retirement eligible at the time the Post-9/11 GI Bill TEB was established, therefore, she would not have incurred any additional service had she applied for TEB.  

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

STATEMENT OF FACTS:

On 31 Oct 10, the applicant was furnished an honorable discharge, retired effective 1 Nov 10, and was credited with 20 years, 4 months, and 23 days of active service.   

As the applicant served on active duty since 11 Sep 01, she is entitled to Post-9/11 GI Bill educational benefits in her own right.

IAW Directive-Type Memorandum (DIM) 09-003: Post-9/ 11 GI Bill, dated 22 Jun 09: 

“Any member of the Armed Forces on or after August 1, 2009, who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill, and … (3) Is or becomes retirement eligible during the period from August 1, 2009, through August I , 2013, and agrees to serve the additional period, if any, specified in paragraphs 3.a.(3)(a) through 3.a.(3)(e) of this attachment…(c) For those individuals eligible for retirement after August 1,2009, and before August 1, 2010, 1 year of additional service is required.”

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 denial indicating there is no evidence of an error or an injustice.  In accordance with (IAW) AFI 2306_AFGM1, The Education Services Program, members who have an approved retirement date after 1 Aug 09 and before 1 Jul 10, no additional service is required.  Right Now Technology (RNT) records show the applicant initially submitted a retirement eligibility request on 29 Sep 09 for an effective retirement date of 1 Jul 10.  She was deemed eligible to retire but did not apply for retirement within 14 days as advised by Air Force Personnel Center Retirements and Separations personnel.  She submitted a second retirement eligibility request on 2 Jun 10, applied and was approved for retirement effective 1 Nov 10.  IAW AFI 36-2306, based on the approved 1 Nov 10 retirement date, she would have been required to serve one additional year from the date of a TEB request.  There is no record in the Defense Manpower Data Center (DMDC) the member applied for TEB, nor did she, according to RNT, inquire with Total Force Service Center personnel regarding the TEB program prior to retirement.  There is no evidence in DMDC the member applied for TEB; therefore, eligibility could not be established.

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 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 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 an injustice.  After a thorough review of the evidence of record, the Board majority is persuaded that relief is warranted.  The Board majority notes the Air Force office of primary responsibility recommends denial.  However, they believe that due to the TEB program being newly implemented and through no fault of the applicant, she was not fully aware of the TEB rules and requirements to transfer her benefits to her dependents.  In addition, we find no basis to question the applicant's account in this matter and do not find it reasonable that she would have knowingly elected not to pursue use of this important entitlement.  In view of this, the Board majority believes the applicant’s records should be corrected to show that she elected to transfer her benefits to her dependents effective 1 Aug 09.  As such, 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 APPLICANT be corrected to show that on 1 August 2009, she elected to transfer her Post 9/11 GI Bill Educational Benefits to her dependents, incurring an ADSC of 31 July 2010.

The following members of the Board considered AFBCMR Docket Number BC-2016-00940 in Executive Session on 7 Jun 17 and 28 Nov 17 under the provisions of AFI 36-2603:
By majority vote, the Board members voted to grant the applicant’s request.  The minority voted to deny the applicant’s request but does not desire to submit a minority report.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 Mar 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 4 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 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.