RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02000 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependent. APPLICANT CONTENDS THAT: On 1 May 14, he requested to transfer his earned Post-9/11 GI Bill benefits to his daughter and was denied because he didn’t make the transfer prior to his retirement date of 31 Dec 09. He attended every out-processing briefing, read all the guidance on the Post-9/11 GI Bill (which he applied for on 21 Jul 09), and repeatedly asked about transferability timing and limitations. However, at no time was he ever informed that the transfer of benefits must occur prior to leaving active duty. The Board should find it in the interest of justice to consider his untimely application because he left the Air Force on 23 Sep 09 having performed full due diligence on this very important educational benefit. He earned this benefit with over 30 years of military service and he was assured it may be transferred at any time in the future. In support of his appeal, the applicant submits DD Forms 214 and 215, Certificate of Release or Discharge from Active Duty; Special Order 006735 and Retirement Action Notification, releasing him from active duty effective 31 Dec 09; AF Forms 988, Leave Request Authorization, placing him on terminal and permissive leave starting 23 Sep 09; copies of his pre-separation counseling checklist, detachment out-processing checklist, and V-MPF out-processing checklist; his application for VA Education Benefits dated 21 Jul 09; and two newsletter articles which indicate that at the time he applied, the guidance on transferring the benefit was lacking. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant retired from the Air Force in the grade of Lieutenant Colonel (O-5) effective 31 Dec 09. The applicant’s Total Active Federal Military Service Date (TAFMSD) is 5 Jan 89. In accordance with AFI 36-2306, “For individuals eligible for retirement on 1 August 2009, no additional service is required.” Based on his TAFMSD, he would have incurred no active duty service commitment (ADSC) obligation with TEB approval. 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 B. AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. Based on the totality of what the applicant expressed in his case, he was not properly briefed of the need to apply for TEB while on active duty. If he had received the proper guidance to apply, he would have qualified with no obligation for TEB approval (IAW AFI 36-2306, Attachment 9, A9.18.1.4.1). Therefore, DPSIT recommends approving the application with an effective date of transfer on 30 Dec 09, with no obligation. A complete copy of the AFPC/DPSIT evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, was forwarded to the applicant on 4 Aug 14 for review and comment within 30 days (Exhibit C). 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. 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. 4. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe it is in the interest of justice to recommend granting the requested relief. Therefore, we 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. Accordingly, we recommend his records be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 30 Dec 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. The following members of the Board considered AFBCMR Docket Number BC-2014-02000 in Executive Session on 23 Mar 15, under the provisions of AFI 36-2603: The board unanimously voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 May 14 w/atchs. Exhibit B. Letter, AFPC/DPSIT dated 19 May 14. Exhibit C. Letter, SAF/MRBR, dated 4 Aug 14.