RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03482 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

In Aug 09, he transferred one month of education benefits to his two youngest dependents.  At the time of the transfer, he and his wife were on active duty and made the decision to split their benefits among their five dependents.  His wife successfully transferred education benefits to their three older dependents.  He believes his request was not processed because the Defense Manpower Data Center (DMDC) was having issues.   He was not aware his request was not processed in 2009 until he was preparing for his daughter to enter college in 2016.

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

STATEMENT OF FACTS:

The applicant retired on 1 Jan 10, and was credited with 20 years, 7 months, and 26 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, which is attached at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denial indicating there is no evidence of an error or an injustice.

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 5 May 89.  Based on his TAFMSD, he would not have incurred any additional service.  The applicant retired on 1 Jan 10. 

There is no record the applicant’s spouse transferred education benefits while on active duty.  There is no record in the DMDC showing the applicant applied for TEB.  There is no evidence the applicant inquired with the Total Force Service Center personnel regarding TEB prior to his retirement.  Without a request, the applicant’s eligibility for the program could not be established.

A complete copy of the AFPC/DP3SA evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and argues his request was not process due to an error in the DMDC system.  He did not make an inquiry to the RNT because he did not have any questions and clearly understood his eligibility and process for Post 9/11 benefits.

A complete copy of the applicant’s rebuttal, with attachments, is at Exhibit E.

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 an injustice.  We took notice of the applicant's complete submission and the comment from AFPC/DP3SA recommending denial.  However, we are persuaded corrective action is warranted.  We note during the period in question, the program was new and there existed confusion regarding the necessary requirements and procedures for submitting the transfer of education benefits.  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 that show that on 1 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents, with no additional active duty service commitment. 

The following members of the Board considered AFBCMR Docket Number BC-2016-03482 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-2016-03482 was considered:

	Exhibit A.  DD Form 149, dated 14 Aug 16, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 1 Dec 16.
	Exhibit D.  Letter, AFBCMR, dated 23 Aug 17.
	Exhibit E.  Letter, Applicant, dated 19 Sep 17, w/atchs.

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.