UNITED STATES AIR FORCE
BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-05054

COUNSEL: NONE

HEARING: NO

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill transfer of education benefits (TEB) be reinstated to his dependents.

APPLICANT CONTENDS THAT:

He was miscounseled by the Department of Veteran Affairs (DVA) regarding a waiver of his Active Duty Service Commitment (ADSC). He was never informed that he would lose his entitlement by not completing the required ADSC for TEB approval. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant. His Total Active Federal Military Service Date (TAFMSD) is 6 Apr 93. On 25 May 10, the applicant signed a Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU). 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 applicant was miscounseled by the Total Force Service Center (TFSC) personnel on the ramifications of retiring prior to completing the TEB ADSC via an approved waiver. Additionally, the TFSC personnel failed to review and validate/correct the information submitted on the applicant’s waiver memo. 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 28 Dec 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 29 September 2009 he transferred his Post-9/11 GI Bill benefit to his dependents and that on 30 September 2013 he satisfied all service commitments incurred thereby.

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-2016-05054 in Executive Session on 29 Mar 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 13 Dec 16.
Exhibit B: Documentary evidence, including excerpts from official records. Exhibit C: Advisory opinion, AFPC/DP3SA, w/atchs, dated 30 Nov 17.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 28 Dec 17.

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