RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02341 

   						COUNSEL:  NONE 

HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He transferred his educational benefits to his wife before he retired, but his record does not show he is authorized TEB.  He asked for this to be corrected numerous times, but he is being told they do not have any evidence he applied for TEB. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 28 Nov 88.

On 1 Aug 10, the applicant was furnished an honorable discharge, and was credited with 21 years, 08 months, and 03 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.  Without a request, eligibility for the program cannot be established, as DoDI 1341.13, Post-9/11 GI Bill Program, paragraph 3.a., and AFI 36-2306, Voluntary Education Program, AFGM1, 18.a.(1) cite the date of request as the date on which the appropriate service obligation would be applied.  In addition, in accordance with AFI 36-2306, AFGM1, paragraph 20.a.(1)(c), members must apply through the Defense Manpower Data Center’s (DMDC’s) website, MilConnect.   

However, while there is no record in the DMDC the applicant applied for TEB, he provides evidence he applied incorrectly via the Veterans on Line Application (VONAPP).  Based on the member’s Total Active Federal Military Service Date (TAFMSD), he would not have incurred an Active Duty Service Commitment with TEB approval.  

Recommend approval of the applicant’s request.  The TEB program was newly established at the time of applicant’s retirement; guidance and information 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 7 Dec 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 AFPC/DP3SA 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.

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 on 1 August 2009, the applicant transferred his Post-9/11 GI Bill Educational Benefits to his spouse.  

The following members of the Board considered AFBCMR Docket Number BC-2016-02341 in Executive Session on 28 Sep 17 under the provisions of AFI 36-2603:

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

	Exhibit A.  DD Form 149, dated 28 May 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 20 Sep 16.
	Exhibit D.  Letter, SAF/MRBR, dated 7 Dec 16.

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, and the foregoing is a true and complete record of the Board's proceedings.