RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02801 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect he transferred his Montgomery GI Bill (MGIB) (Chapter 30) and Post-9/11 GI Bill educational benefits (TEB) to his son. APPLICANT CONTENDS THAT: He was unaware of the need to be on active duty for TEB. In September 2010, when submitting his paperwork for retirement, he was erroneously instructed by personnel in the Retirement/Separation Sections and Education Office to wait until after he retired to transfer his benefits. He was informed that the process would be smoother since he would only be working with the Department of Veterans Affairs (DVA). The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 3 October 1990. Since the applicant served on active duty since 11 September 2001, he was entitled to Post-9/11 GI Bill benefits in his own right and was otherwise eligible to transfer said benefits to his dependents, provided he met the prescribed active duty service commitment (ADSC) of two years. Had the applicant successfully transferred his benefits on the date in September 2010, when submitting his paperwork for retirement (1 September 2010), he would have incurred a two-year ADSC requiring him to serve until at least 31 August 2012. On 31 May 2011, the applicant was released from active duty and retired on 1 June 2011. He was credited with 20 years, 7 months and 28 days of total active service. 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 C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. In accordance with AFI 36-2306, Voluntary Education Program, the date of request for TEB establishes the appropriate service obligation. There is no record of the applicant applying for the benefit in the TEB or the Right Now Technology (RNT) systems. In addition, there is no record in the Defense Manpower Data Center (DMDC) the applicant applied for TEB; therefore, no eligibility for the program could be established. Without a request, a TEB application cannot be approved. Furthermore, there is no record in the RNT indicating the applicant ever contacted the Total Force Service Center regarding the Post-9/11 GI Bill transfer of benefits. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 May 2015 for review and comment 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 injustice. After a thorough review of the evidence of record and the applicant’s complete submission, the Board majority believes that the applicant’s request to transfer education benefits to his son should be granted. We note the comments of AFPC/DPSIT indicating that relief should be denied because the applicant’s records contain no documentation substantiating he applied for the transfer of benefits. However, after weighing the evidence presented and given the apparent confusion surrounding the information the applicant received regarding when he could transfer his benefits, the Board majority believes that it would be an injustice for the applicant to be denied such an important benefit. We note that the applicant retired one year and two months prior to fulfilling the ADSC he would have incurred had he transferred his benefits on 1 September 2010. Nonetheless, we believe that it is in the interest of justice to provide the requested relief. However, ADSCs incurred for GI Bill benefits transfer can only be waived by the Board on the grounds of hardship; yet nothing in the record demonstrates that the applicant’s failure to serve his ADSC resulted from hardship. The record will therefore need to be corrected to indicate that the applicant did not retire prior to fulfilling his ADSC. This will require an adjustment to both his benefits transfer election date and his retirement date so as to allow a full two-year period between those two dates, thereby satisfying the ADSC. Accordingly, the Board majority recommends the applicant’s records be corrected as indicated below. 4. 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. 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 1 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits, and retired effective 1 September 2011 rather than 1 June 2011. The following members of the Board considered AFBCMR Docket Number BC-2014-02801 in Executive Session on 14 July 2015 and 3 September 2015 under the provisions of AFI 36-2603: Panel Chair Member Member By a majority vote, the Board voted to correct the records, as recommended. XXXX voted to deny the applicant’s request; however, he declined to submit a minority report. The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 9 July 2014. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIT, dated 22 August 2014, w/atchs. Exhibit D.  Letter, SAF/MRBR, dated 1 May 2015.