RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03937 

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was on terminal and was not counseled about the program prior to his Sep 09 retirement.

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

STATEMENT OF FACTS:

On 1 Sep 09, the applicant retired and was credited with 20 years and 17 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 (OPR), which is attached at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DP3SA recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  The TEB program was newly established at the time of the applicant’s retirement and the guidance and information on the program was limited.  Therefore, it is feasible the applicant was not properly informed prior to retirement.

The applicant’s Total Active Federal Military Service Date (TAFMSD) 14 Aug 89.  There is no evidence the applicant applied for TEB.  However, based on his TAFMSD, he would not have incurred an Active Duty Service Commitment with TEB approval.  The applicant started terminal leave on 20 Jul 09 and retired on 1 Sep 09.

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 25 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 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 RECOMENDS 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 with no additional service required.

The following members of the Board considered AFBCMR Docket Number BC-2016-03937 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-2016-03937 was considered:

	Exhibit A.  DD Form 149, dated 3 Sep 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 5 Jan 17.
	Exhibit D.  Letter, AFBCMR, dated 25 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.