RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03859 

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

He be allowed Post 9/11 GI Bill Transfer of Education Benefits (TEB) to his dependent daughter.

APPLICANT CONTENDS THAT:

He electronically applied for TEB in Sep 09.  He transferred 36 months of education benefits to his daughter.  During that time, the DoD could not keep up with demand and its internal processing procedures were modified to keep up with the substantial backlog following the announcement of the program.  No confirmation page or email confirmation was provided to applicants and it is reasonable to believe that his submission had been completed and properly submitted.  In 2016, he attempted TEB for his other two children, and discovered neither MilConnect nor the Total Force Service Center had any record of his initial TEB in Sep 09.

Within a month of his September 2009 electronic request, starting in Oct 09, he subsequently and permanently discontinued contributions to his daughter’s College Savings Iowa Education 529 Plan.  The attachment demonstrates that prior to October 2009, he had consistently deposited $250 per month into his daughter’s 529 college savings account and that thereafter, the deposits were cut to $0.  He stopped the monthly deposits into her account because he believed he had already transferred his benefits to her.

In support of his request, the applicant provided copies of:

1.  An email titled, Airmen are eligible for Post-9/11 GI Bill benefits and can now apply to transfer those benefits, dated 27 Jul 09.

2.  College Savings 529 Plan for the period of 2009-2013.

3.  Budget Spreadsheets, 2010 and 2016.

4.  Dyess AFB memo titled, Verify Eligibility and Transfer Post 9/11 GI Bill Quicker.

5.  US Coast Guard memo titled, Submitting a Request to Transfer Benefits.

6.  US Army message subject, Post 9/11 GI Bill and TEB to Family Members.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of Lieutenant Colonel (Lt Col), O-5.

On 6 Dec 16, the applicant signed an AF Form 63, Active Duty Service Commitment Acknowledgement for two years for a permanent change of station.

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

AIR FORCE EVALUATION:

AFPC/ DP3SA recommends denial indicating there is no evidence of an error or an injustice.  DoDI 1341.13, Post-9/11 GI Bill, (3.a.) and AFI 36-2649, Voluntary Education Program (A13.18.9.3), cite the date of request as the date on which the appropriate service obligation would be applied.  There is no record in the Defense Manpower Data Center (DMDC) the member applied for TEB.  Without a request, eligibility for the program could not be established.  

Based on the member’s TAFMSD, he would have incurred a four year ADSC with TEB approval.

Should the Board elect to grant the request, the applicant’s record should be corrected to show TEB approval on 1 Sept 09, with an obligation end/Active Duty Service Commitment date of 31 Aug 13.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates that he provided a wealth of information to show that it was entirely possible that his TEB request may have been dropped during the early days of the website as it was being optimized to accommodate an increasingly large influx of applicants.

The applicant’s complete response, 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 application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  We note the Air Force Office of Primary Responsibility (OPR) recommends denial indicating the applicant has not provided sufficient documentation that shows he transferred his Post-9/11 GI Bill benefits in 2009.  However, after carefully reviewing the evidence provided by the applicant, we believe relief is warranted.  In this respect, given the newness of the enabling legislation in Sep 09 when the applicant contends he first applied for TEB, and the confusion which initially surrounded the application process, we believe it is more likely than not that through no fault of the applicant’s he was simply unsuccessful in transferring his benefits to his dependent.  Moreover, we do not find it reasonable he would have knowingly stopped his monthly $250 deposit into his daughter’s 529 college savings account the following month without fully intending to transfer his benefits to his dependents.   As such, we conclude the newness of the program coupled with the evidence showing he stopped the deposits to the 529 program sufficient to grant the requested relief.  As the OPR notes, if he had successfully transferred his entitlements in Sep 09, he would have incurred a 4 year ADSC which would have ended 31 Aug 13.  Therefore, in the interest of justice, 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 on 1 Sep 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependent and on 31 Aug 13, he completed the required Active Duty Service Commitment (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-2016-03859 in Executive Session on 14 Feb 18 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-2016-03859 was considered:

	Exhibit A.  DD Form 149, dated 23 Sep 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 15 Dec 16.
Exhibit D.  Letter, SAF/MRBC, dated 4 Oct 17.
	Exhibit E.  Letter, Applicant, dated 15 Jan 18.

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.