RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00849
		
						COUNSEL:  

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He initially transferred his educational benefits in Nov 09.  He was unaware his TEB application was disapproved and thought the benefit was automatic once he applied.  He did not receive email notification from the Air Force Personnel Center regarding his TEB application.  In preparation for retirement, he logged into the MyPers website on/about 1 Dec 12 to find he lost TEB privileges due to not acknowledging his TEB action.  He resubmitted his transfer of education benefits and the system adjusted his active duty service commitment date (ADSCD) to 4 years from the date of resubmission.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 Nov 92.

On 30 Sep 13, the applicant retired and was credited with 20 years, 10 months, and 1 day of active service.

On 7 Apr 17, AFPC/DP3SA clarified their advisory opinion with a recommendation to adjust the applicant’s date of application/approval to reflect 1 Oct 2009 with an obligation End/ADSC date of 30 Sep 2013.

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.  It is feasible the member was not notified by the Total Force Service Center regarding his TEB application.  On 23 Nov 09, according to the Defense Manpower Data Center (DMDC) application, the applicant applied for TEB.  His application was rejected because he failed to secure retainability and sign the Statement of Understanding (SOU).  The TEB program was newly established at the time of member’s application; guidance and information was limited.

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 3 Nov 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 injustice.  In this respect, the OPR has indicated it is feasible the applicant was not notified by the Total Force Service Center regarding his TEB application.  We believe that due to the TEB program being newly implemented, through no fault of the applicant, he was not fully aware of the TEB rules and requirements to transfer his educational benefits.  In view of this and noting the applicant did take affirmative action to apply to transfer his educational benefits, we find sufficient basis to conclude that he is the victim of an injustice and therefore, recommend the record 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 that on 30 Sep 13, he completed his required Active Duty Service Commitment (ADSC) for TEB as required by DODI 1341.13, Post-9/11 GI Bill.” (changing only the ADSC).

The following members of the Board considered AFBCMR Docket Number BC-2016-00849 in Executive Session on 30 Mar 17, under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 17 Feb 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 5 May 16.
	Exhibit D.  Letter, AFBCMR, dated 3 Nov 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.