RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04693

  	COUNSEL:  NONE
	
	HEARING:  NO	

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill Transfer of Education Benefits (TEB) eligibility be reinstated.  

APPLICANT CONTENDS THAT:

He started terminal leave on 6 Aug 09; however, he was never counseled or advised of the TEB eligibility requirement to transfer at least one month to each dependent prior to leaving active duty.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force major.  The applicant’s Total Active Federal Military Service Date (TAFMSD) is 2 March 1990.  On 30 Nov 09, the applicant was relieved from active duty and retired effective 1 Dec 09.  He was credited with 20 years and 24 days of active 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/DP3SA recommends granting the application.  The TEB program was newly established at the time of member’s retirement; guidance and information were limited, and it is plausible the applicant was not informed about the program.  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 8 May 18 for comment (Exhibit C), 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 the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SA 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 reflect that on 1 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependent, with no additional service required.   

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-2016-04693 in Executive Session on 14 Jun 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 17 Nov 16.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atch, dated 26 Sep 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 May 18.

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