RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00575 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be allowed to accomplish a Post-9/11 GI Bill transfer of educational benefits (TEB) to his dependent children. APPLICANT CONTENDS THAT: Prior to his retirement he applied to TEB through the Education Office at Langley AFB, and was told that no further action was required. The education counselor told him, based on the program requirements and his service date, he would not incur an additional service commitment. He recently learned the TEB application process was not completed. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: According to Directive-Type Memorandum (DTM)09-003, Post 9/11 GI Bill, dated 22 Jun 09, service members who are eligible for retirement on 1 Aug 09, would not incur any additional service commitment. On 19 Mar 86, the applicant commenced his enlistment in the Regular Air Force. He completed 20 years of service on 19 Mar 06. On 1 Apr 11, he retired and was credited with 25 years and 12 days of active service. 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 C. AIR FORCE EVALUATION: AFPC/DPSIT recommends granting the requested relief. The applicant’s Total Active Federal Military Service Date (TAFMSD) is 19 Mar 86. Based on the applicant’s TAFMSD he would not have incurred any additional service obligation for TEB approval. Furthermore, Air Force Instruction (AFI) 36-2306, Voluntary Education Program, states service members who have an approved retirement date after 1 Aug 09 and before 1 Jul 10, will not incur an additional service commitment. The applicant was not properly counseled by the personnel at the Education Office, as the program was very new and the process had not been clearly defined at the time he applied for TEB. His TEB approval date would be 1 Jan 10. 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 11 Jun 15 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 error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we are persuaded that relief is warranted. In this respect, we note the applicant’s contention that, while on active duty, he submitted his application for TEB in January 2010, just five (5) months after the implementation of the TEB program. We further note the applicant claims he was advised his request was complete, no further action was required and based on his Total Active Federal Military Service Date he would not incur an additional service commitment. However, upon a recent inquiry regarding enrolling his son in college he was informed the transfer of education benefits was not completed. We note AFPC/DPSIT’s comments indicating the applicant was not properly counseled by the personnel at the Education Office, as the program was very new and the process had not been clearly defined at the time he applied for TEB. We believe that due to the recent implementation of the program and the timing of the applicant’s application for TEB, he was not properly briefed and made fully aware of the TEB rules and requirements to transfer his benefits to his dependents prior to his retirement date. In view of this and noting the applicant did take affirmative action to transfer his educational benefits, we find a sufficient basis to conclude that he has been the victim of an injustice and therefore, recommend the 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 January 2010, he elected to transfer his Post 9/11 GI Bill Education Benefits to his dependent. The following members of the Board considered AFBCMR Docket Number BC-2015-00575 in Executive Session on 14 Oct 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00575 was considered: Exhibit A. DD Form 149, dated 14 Jan 15. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 18 Feb 15. Exhibit D. Letter, SAF/MRBR, dated 11 Jun 15.