RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03174 

						COUNSEL:  NO

						HEARING DESIRED:  NONE

APPLICANT REQUESTS THAT:

He be allowed to accomplish a Post-9/11 GI Bill transfer of education benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:

He was not aware or briefed that he had to transfer his education benefits to his dependents prior to leaving military service.  He retired because of post-traumatic stress disorder.  

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

STATEMENT OF FACTS:

On 7 Sep 10, the applicant was relieved from his assignment and transferred to the Retired Reserve List (RRL) to await retired pay at age 60.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.  

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice. 

The Post-9/11 GI Bill became effective 1 Aug 09 and service members were required to execute the TEB prior to their leaving military service.  The service members also incurs a selected reserve service commitment of up to four years for the opportunity to TEB.  The applicant did not apply to TEB prior to his 7 Sep 10 retirement.  On 30 Oct 09, the applicant reached 20 years of satisfactory service and would have incurred a one year selected reserve service commitment.

There is no evidence the applicant was denied an opportunity to TEB while serving as a member of the Armed Forces.  Furthermore, there is no record the applicant attempted to obtain information regarding TEB.

A complete copy of the ARPC/DPTT evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 Aug 17, 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 an injustice.  While we note ARPC/DPTT recommends denial, we are persuaded corrective action is warranted.   We note during the period in question, the program was new, there existed some confusion regarding the requirements and procedures to transfer education benefits, and it was more likely than not, the applicant wasn’t fully briefed on the transferability requirements.  We believe if the applicant was counseled on his options regarding transfer of benefits prior to his retirement, he would have pursued this important benefit.  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 6 September 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents.

The following members of the Board considered AFBCMR Docket Number BC-2016-03174 in Executive Session on 28 Nov 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-2016-03174 was considered:

	Exhibit A.  DD Form 149, dated 4 Aug 16.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 13 Aug 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 24 Aug 17.

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.