RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01768 

						COUNSEL:  NONE
     
           				HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His Post 9/11 GIB benefits be transferred to his dependents.

APPLICANT CONTENDS THAT:

He retired on 1 Sep 09, having served 20 years, 7 months and 12 days.  At the time, the confusion within the DOD and Air Force about handling eligibility and applications prevented him from getting his benefit transferred before he retired.  The law was new, and the DOD and Air Force policies were also new and in development.  He was eligible at the time of his retirement, but the process to apply was not in place.

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

STATEMENT OF FACTS:

According to the DD Form 214, Certificate of Release or Discharge from Active Duty, provided by the applicant, he retired on 1 Sep 09 and was credited with 20 years, 7 months, and 12 days of 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 an injustice.  According to the Defense Manpower Data Center, there is no record the member applied for Transfer of Educational Benefits (TEB).  Based on his TAFMSD, he would have incurred no Active Duty Service Commitment with TEB approval. The TEB program was newly established at the time of member’s retirement with guidance and information limited.  Thus, it is feasible the member was not adequately informed prior to retirement.  Therefore, approval of the applicant’s request is justified.

A complete copy of the AFPC/DPXXX 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 17 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 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 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. The applicant retired during the infancy of the TEB program and the probability is more likely than not he was not adequately informed on the newly established TEB program. Therefore, we recommend the applicant's records be corrected as indicated below.	

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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 he was approved for the Post 9/11 GI Bill Transfer of Education Benefits program with no additional service required.

The following members of the Board considered AFBCMR Docket Number BC-2016-01768 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-2016-01768 was considered:

	Exhibit A.  DD Form 149, dated 22 Apr 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 20 Jul 16.
	Exhibit D.  Letter, SAF/MRBR, dated 17 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.