RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02314 XXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependents while he was on active duty. APPLICANT CONTENDS THAT: He input his wife and two children as intended beneficiaries of the Post-9/11 GI Bill on 9 Jul 09 according to the guidance provided by his base education office. An injustice occurred when the VA changed their computer systems later that fall and his dependents information was inadvertently deleted from the system. This information was verified by a VA representative who informed him the issue occurred in the fall of 2009, when they switched over to a separate computer system; however, the VA would not be able to make the correction to his record. The Board should find it in the interest of justice to consider his untimely application because he followed all base education office instructions to promptly transfer his benefits to his dependents in 2009. He was not aware his wife, son, and daughter had been unjustly deleted until applying for retirement on 16 Dec 13 when he noticed they were no longer listed in the system. In support of his appeal, the applicant provides VA Form 22-1900, Application for VA Education Benefits, which indicates at paragraph 26 his intent to transfer his education benefits to his dependents. Additionally, he provides the confirmation page of his initial submission, dated 9 Jul 09, stating that his “application has been sent successfully to VA.” The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant served in the Regular Air Force in the grade of colonel (O-6) during the period of time in question. The applicant’s Total Active Federal Military Service Date (TAFMSD) is 30 May 90. In accordance with AFI 36-2306, “For those members eligible for retirement after 1 August 2009 and on or before 1 August 2010, one year of additional service from the date of request is required.” Based on his TAFMSD, he would have incurred a 1 year active duty service commitment (ADSC) obligation with TEB approval. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit B. AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. It appears the applicant’s Education Office advised him to apply through VONAPP (completing the VA Form 22-1990, which is attached to the case) and that it would be transferred into the new system once it stood up (MilConnect/TEB). Thus the applicant assumed that all requirements were met. It was not until preparing for retirement on 16 Dec 13, that he discovered his TEB had not been approved, and because of his approved retirement date could not agree to the four year service obligation required IAW AFI 36-2306, Attachment 9, A9.18.l.2. In this respect, the member was improperly guided by his Education Office as the program was very new and even the process had not been clearly defined at the time the member applied. Effective date of transfer is 1 Aug 09, with a 1 year obligation of 31 Jul 13 (IAW AFI 36-2306, Attachment 9, A9.18.l.4.3.), which the member will fulfill prior to the approved retirement date (1 Sep 14). 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 9 Sep 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.  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 1 Aug 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-2014-02314 in Executive Session on 23 Mar 15, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX The board unanimously voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Jun 14 w/atchs. Exhibit B. Letter, AFPC/DPSIT dated 24 Jun 14. Exhibit C. Letter, SAF/MRBR, dated 9 Sep 14. 3