RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03966

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Due to his medical issues, he inquired about how he could retire and keep his Post 9/11 education benefits.  His Military Personnel Flight (MPF) and a Department of Veterans Affairs (DVA) representative advised him that if he applied to waive his remaining Active Duty Service Commitment (ADSC) he would not lose the education benefit.  He applied for the waiver believing his dependents would be abled utilize the education benefits.  He would have stayed and completed his obligation if he would have known that his dependents would lose the benefit.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 6 Aug 92.  He retired on 1 Feb 14 and was credited with 21 years, 5 months and 25 days of active duty service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends granting the application.  The applicant was miscounseled regarding retention of his education benefits. 

The applicant applied for TEB on 6 Feb 12.  He was approved and incurred and ADSC of 5 Feb 16. He retired on 1 Feb 14.

According to Air Force Instruction (AFI) 36-2306, Voluntary Education Program, an ADSC is considered fulfilled:  the death of a service member, discharge or release for a medical condition that preexisted service, discharge or release for Hardship, as determined by the Secretary of the Air Force (SECAF) or discharge or release for a physical or medical condition.

 The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 4 Oct 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 on 28 January 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents and, on 31 January 2014, he completed the Active Duty Service Commitment required by Department of Defense Instruction 1341.13, Post-9/11 GI Bill.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03966 in Executive Session on 19 Jul 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 20 Dec 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 4 Oct 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, Docket Number BC-2016-03966, required by AFI 36-2603, paragraph 4.11.9.