RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03315 

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

He be allowed to accomplish a Post-9/11 GI Bill transferability of educational benefits (TEB) to his dependent.

APPLICANT CONTENDS THAT:

He was not briefed on transferring Post-9/11 education benefits to his dependent prior to his retirement.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired on 1 Jan 10, and was credited with 20 years and 1 month 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, which is attached at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DP3SA recommends granting the applicant’s request noting it is feasible the applicant was not properly counseled regarding TEB.  Furthermore, the TEB program was new and guidance and information was limited.

The TEB program was activated on 1 Aug 09.  The Defense Manpower Data Center (DMDC) does not reflect the applicant applied for TEB.  Without a request, eligibility for the program could not be established.  The applicant’s Total Active Federal Military Service Date (TAFMSD) is 1 Dec 89.  Based on his TAFMSD, he would not have incurred an Active Duty Service Commitment (ADSC).  He retired on 1 Jan 10.

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 23 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 applicant was timely filed.  

3.  Sufficient relevant evidence has been presented to demonstrate the existence of 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.  There is no evidence showing the applicant was counseled on the steps necessary to transfer his benefits to his dependents prior to leaving active duty and we believe if the applicant had been counseled on his options regarding transferring benefits prior to his retirement, he would have pursued use of this important benefit.  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 DETERMINES 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 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-2016-03315 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-2016-03315 was considered:

	Exhibit A.  DD Form 149, dated 1 Aug 16.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 18 Nov 16.
	Exhibit D.  Letter, AFBCMR, 23 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.