RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-02939
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill transfer of education benefits (TEB) to his dependents be approved.

APPLICANT CONTENDS THAT:

He applied for TEB on-line prior to retirement at his deployed location.  He received a confirmation number that the action was submitted properly.  Additionally, the office personnel who assisted him confirmed the request was completed.  The error was discovered in 2016 when his eldest child enrolled in college.

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

STATEMENT OF FACTS:

The applicant retired from the Regular Air Force on 1 Sep 10 and was credited with 20 years, 8 months, and 16 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 (OPR), 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.  There is no record in the Defense Manpower Data Center (DMDC) the applicant applied for TEB.  Without a request, eligibility for the program could not be established, as DoDI 1341.13, 3.a. and AFI 36-2306_AFGM1, 18.a.(1) cite the date of request as the date on which the appropriate service obligation would be applied [AFI 36-2306_AFGM1, 18.a.(2), 18.a.(3) and 18.a.(4)].  The applicant provided evidence that he applied incorrectly via the Veterans on Line Application (VONAPP).  In accordance with AFI 36-2306_AFGM1, 20.a. (1) (c), members must apply through the DMDC’s website (MilConnect).  

The TEB program activated effective 1 Aug 09 and the applicant retired effective 1 Sep 10.  Based on the applicant’s Total Active Federal Military Service Date of 15 Dec 89, he would have incurred a 1-year Active Duty Service Commitment with TEB approval.  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 13 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 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an injustice.  In this respect, we note the TEB program was newly established at the time of applicant’s retirement; guidance and information was limited and the applicant may not have been properly counseled prior to his retirement.  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 Sep 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents and on 31 Aug 10 he completed the required ADSC for TEB as required by DODI 1341.13, Post-9/11 GI Bill.   

The following members of the Board considered AFBCMR Docket Number BC-2016-02939 in Executive Session 8 Jun 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

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

	Exhibit A.  DD Form 149, dated 22 Jul 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 6 Oct 16.
	Exhibit D.  Letter, AFBCMR, dated 13 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 in the above entitled matter.