RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-02352
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

She be allowed to accomplish a Post-9/11 GI Bill transfer of educational benefits (TEB) to her dependents.

APPLICANT CONTENDS THAT:

She was not briefed on TEB prior to her retirement.  When the opportunity became available for TEB she was on terminal leave. 

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

STATEMENT OF FACTS:

On 19 Jun 89, the applicant commenced her enlistment in the Regular Air Force.  

The applicant retired on 1 Oct 09, and was credited with 20 years, 3 months, and 12 days of active service.

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility, 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.

At the time of the applicant’s retirement the TEB program was new and information was limited.  It is feasible that she was not adequately informed on TEB program prior to her retirement.

The applicant started terminal leave on 15 Jul 09.  She retired on 1 Oct 09.

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 19 Jun 89.  Based on her TAFMSD, she would not have incurred an additional Active Duty Service Commitment (ADSC).

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 19 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.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  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 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, she elected to transfer her Post-9/11 GI Bill Educational Benefits to her eligible dependents, with no additional service required.

The following members of the Board considered AFBCMR Docket Number BC-2016-02352 in Executive Session on 26 Sep 17, under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02352 was considered:

	Exhibit A.  DD Form 149, dated 7 Jun 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 21 Sep 16.
	Exhibit D.  Letter, AFBCMR, dated 19 Dec 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.