RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01877 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The record be corrected to show that he transferred Post 9/11 G.I. Bill Educational Benefits to his daughter.

APPLICANT CONTENDS THAT:

He was processing for retirement when the new program changes were implemented and was not informed of the requirements to transfer education benefits.  The applicant states that he would have transferred at that time had he been informed.

The applicant’s complete submission, including all attachments, is available at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 17 May 87.

On 30 Sep 09 the applicant was furnished an honorable discharge, and was credited with 22 years, 4 months, and 14 days of active service.

The remaining facts relevant to this application are available in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included, along with attachments, at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  The Transfer of Education Benefits (TEB) program was newly established at the time of member’s retirement when guidance and information was limited.  It is feasible the member 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 Dec 16 for review and comment within 30 days (Exhibit E).  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.  We agree with the recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  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 that on 1 August 2009, he transferred his Post-9/11 GI Bill Educational Benefits to his dependents, and his election was approved with no additional service required.

The following members of the Board considered AFBCMR Docket Number BC-2016-01877 in Executive Session on 28 Sep 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

, Panel Chair
, Member
, Member

All members voted to correct the records as recommended.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01877 was considered:

	Exhibit A.  DD Form 149, dated 03 May 16, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 04 AUG 16.
	Exhibit D.  Letter, AFBCMR, dated 13 Dec 16, w/atch.

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.