RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02247 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependent. APPLICANT CONTENDS THAT: He applied for TEB in October 2011 and obtained the required retainability for approval. He did not discover the error until after retirement from active duty. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant entered the Regular Air Force on 4 March 1992. The applicant’s Total Active Federal Military Service Date is 4 March 1992. The applicant completed an Extension or Cancellation of Extensions of Enlistment in the Regular Air Force/Air Force Reserve/Air National Guard, AF Form 1411, for the purpose of TEB that was approved on 31 October 2011. On 31 May 2014, the applicant was relieved from active duty and retired on 1 June 2014, in the grade of master sergeant under the provisions of AFI 36-3202 (Vol Retirement: Sufficient Service for Retirement). He served 22 years, 2 months and 27 days of active duty service. AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. DPSIT states the applicant first applied for TEB on 7 November 2010. The Total Force Service Center (TFSC) personnel rejected the application on 22 November 2010 because he did not sign the TEB Statement of Understanding (SOU). The applicant reapplied on 2 May 2011. The application was rejected on 1 June 2011 for the same reason as the first application. There is no record the applicant reapplied for TEB in October 2011. Guidance regarding the approval of TEB is very clear. IAW AFI 36-2306, Attachment 9, A9.l8.l., a member must: a) have the required retainability, in his case, 3 years under the provisions of A9.18.l.4.5; and b) agree to serve the additional time (sign the TEB SOU). The AFPC Post 9/11 GI Bill Personnel Service Delivery guide requires the member to meet all requirements, at the time of application, within 14 days of notification (to include signature of the TEB SOU). Even though it appears the member acknowledges on the DD Form 149 he received these notifications, AFPC/DPSIT, in coordination with AFPC/DPT was unable to retrieve these from the Right Now Technology (RNT) system. The applicant has exhausted all administrative remedies available. If he had been properly notified during his November 2010 application, it is reasonable to believe he would have completed all requirements to obtain TEB approval. Since he did not appear to receive proper notification through RNT for his 2010 application, they recommend TEB approval effective 7 November 2010, with the associated Obligation End Date running to 6 November 2013 (IAW AFI 36-2306, Attachment 9, A9.18.l.4.5). Given he retired on 1 June 2014, he fulfilled the required service obligation and would then be eligible for the benefit. The complete AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 17 November 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. As noted by the OPR, we believe that if the applicant had been properly notified through the RNT during the time he submitted his November 2010 application, it is reasonable to believe he would have completed all requirements to obtain TEB approval. Therefore, we recommend 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 7 November 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits. The following members of the Board considered AFBCMR Docket Number BC-2014-02247 in Executive Session on 14 July 2015 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 May 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, AFPC/DPSIT, dated 23 June 2014. Exhibit D. Letter, SAF/MRBR, dated 17 November 2014.