RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01070

						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 met all requirements prior to beginning his terminal leave.  When he out-processed via Virtual Out-Processing from Kirtland Air Force Base, New Mexico and attended the Transition Assistance Program briefings, there were no education counselors to brief him on the process to transfer eligibility.  The Military Personnel Flight may not have known the instructions as his terminal leave date was so close to the Post-9/11 GI Bill implementation date.

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

STATEMENT OF FACTS:

On 8 Feb 85, the applicant initially entered the Regular Air Force.

On 30 Sep 09, the applicant retired, was furnished an Honorable discharge, and was credited with 24 years, 7 months, and 23 days active service.

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

According to the Defense Manpower Data Center, there is no record the applicant applied for TEB; however, based upon the applicant’s Total Active Federal Military Service Date, he would not have incurred an Active Duty Service Commitment with TEB approval (AFI 36-2306_AFGM1, 18.a.(4)(b)).

The TEB program was newly established at the time of the applicant’s retirement and guidance 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 13 Mar 17 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 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 program was newly established and it is feasible the applicant was not adequately counseled.  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 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 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-2016-01070 in Executive Session on 27 Jul 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-2016-01070 was considered:

	Exhibit A.  DD Form 149, dated 11 Mar 16, w/atch.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 23 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 13 Mar 17, w/atch.

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-2016-01070, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.