RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03707

						COUNSEL:  NONE

						HEARING DESIRED:  NO

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 submitted a request for TEB and was approved.  However, he was unable to sign the Statement of Understanding (SOU) in the Virtual Military Personnel (VMPF) System due to his medical retirement.

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

STATEMENT OF FACTS:

On 23 Jan 01, the applicant commenced in enlistment in the Regular Air Force.  On 29 Dec 14, he was permanent disability retired and credited with 13 years, 11 months, and 6 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.  The applicant was not properly counseled regarding his eligibility for TEB approval.  

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 23 Jan 01.  On 27 Jun 14, the applicant was placed on medical hold and received the Assignment Availability Code (AAC) 37, Medical Evaluation Board (MEB) restriction.  On 26 Dec 14, the applicant applied for TEB.  According to the applicant’s TAFMSD, he would incur a four year active duty service commitment (ADSC) for TEB.  He was medically retired on 29 Dec 14.  His application was rejected on 29 Jan 15 based him not securing retainability and signing the SOU.  

The Right Now Technology (RNT) note dated 29 Sep 14, reflects the applicant was miscounseled regarding his eligibility to qualify for TEB.

Service members undergoing a MEB are eligible to apply for TEB; however, they cannot secure required retainability if AAC 37 is updated in the personnel record.

A complete copy of the AFPC/DP3SA 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 10 Jan 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 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 he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents effective 29 December 2010, with an obligation end date of 28 December 2014. 

The following members of the Board considered AFBCMR Docket Number BC-2016-03707 in Executive Session on 28 Nov 17, under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03707 was considered:

	Exhibit A.  DD Form 149, dated 8 Sep 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.	Exhibit C.  Memorandum, AFPC/DP3SA, dated 2 Dec 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 10 Jan 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.