RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04534 COUNSEL: NONE HEARING DESIRED: NONE INDICATED APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. APPLICANT CONTENDS THAT: He received approval to transfer education benefits (TEB) to his dependents before he retired. The ability to transfer benefits to his dependents was the reason for retiring. For his dependent to receive a letter from the Department of Veterans Affairs (DVA) after attending a University for one year is a great embarrassment and disappointment. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to AFPC/DPSIT, on 26 April 2013, the applicant elected retirement in lieu of a Permanent Change of Station (PCS). On 22 May 2013, the applicant was notified his application for TEB was approved. On 1 November 2013, the applicant retired in the grade of major (O-4). On 12 August 2014, the DVA notified the applicant’s dependent of her certification of eligibility under the Post-9/11 GI Bill. On 23 October 2014, the DVA notified the applicant’s dependent that after a review of the applicant’s record, it was determined that he did not qualify for TEB. On 30 October 2014, the applicant was notified that the approval message he received on 22 May 2013 was sent in error. Specifically, he did not meet the minimum time in service requirement of six years to apply for TEB. (That finding appears to be in error. While applicant did not complete his four-year ADSC, he had met the six-year time-in-service requirement for eligibility, as had been serving nearly twelve years on active duty at the time he made his transfer election.) 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 (IAW) AFI 36-2306, Voluntary Education Program; based on the applicant’s Total Active Federal Military Service Date (TAFMSD) of 5 July 1991 and date of approval for TEB on 22 May 2013, he would have incurred an Active Duty Service Commitment (ADSC) until 20 May 2017. However, since he previously elected retirement, he was rendered ineligible for TEB because he could not fulfill his ADSC. In order for the applicant to retain TEB benefits, he had to serve to/through the Obligation End Date of 20 May 2017. Because the applicant retired prior to the obligation end date, he is ineligible for TEB. The applicant was aware of the ADSC associated with his TEB approval and that he was unable to fulfill the requirement. Specifically, he acknowledged understanding in Section 2: Montgomery and Post-9/11 GI Bill Counseling of his Retirement Pre-Application Checklist, dated 30 April 2013. IAW AFI 36-2306 it does not contain a rule or provision to adjust a member’s ADSC under such circumstances. Also, there is no provision in TEB guidance for granting fulfillment of obligation in the event a member is retired in lieu of PCS. Therefore, since the applicant did not fulfill his TEB obligation, he is ineligible for the benefit. 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 17 February 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 dependents should be granted. We note the comments of AFPC/DPSIT indicating that relief should be denied because the applicant retired prior to his obligation end date, making him ineligible for TEB. In addition, he was aware of the ADSC associated with his TEB approval and he knowingly did not fulfill that requirement. Notwithstanding the applicant’s acknowledgement of the Montgomery and Post-9/11 GI Bill Counseling on his Retirement Pre-Application Checklist, the Board majority believes that more likely than not the applicant was led to believe that he was TEB eligible since he had received approval notification of his TEB and close to a year later his TEB eligibility was confirmed by the DVA. After weighing the evidence presented, we believe it would be an injustice to deny the applicant TEB at this juncture. The applicant relied upon the information given to him by the Air Force and the DVA to make financial and educational arrangements for his dependent. The Board majority believes that the applicant’s situation if left unresolved rises to the level of an injustice and therefore 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 his benefits transfer election date so as to allow a full four-year period between those two dates, thereby satisfying the ADSC. Accordingly, the Board majority 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 1 November 2009, 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-2014-04534 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. XXXXX voted to deny the applicant’s request; however, he declined to submit a minority report. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04534 was considered: Exhibit A.  DD Form 149, dated 28 October 2014, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIT, dated 22 December 2014. Exhibit D.  Letter, SAF/MRBR, dated 17 February 2015.