RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:				DOCKET NUMBER:  BC-2015-00577
		
				COUNSEL:  NONE

						HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His military records be corrected to show he transferred his Post 9/11 GI Educational Benefits (TEB) to his dependents.


APPLICANT CONTENDS THAT:

He applied to the TEB for his dependents but because the program was so new at the time, the briefers were not clear on what or how to give the proper information.  There is no record of an electronic request for any approval or disapproval.

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

On 22 Feb 90, the applicant entered the Regular Air Force.

On 8 Jul 08, the applicant completed his Pre-Separation Checklist, which was prior to the standup of the TEB program; therefore, he could not have been briefed on the TEB requirements.  Also, based on the members retirement date, he would have incurred no service obligation with TEB approval according to AFI 36-2306 Voluntary Education Program.

On 28 Feb 10, the applicant was relieved and retired, effective 1 Mar 10, and was credited with 20 years, and 7 days of active service.

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibit C.


AIR FORCE EVALUATION:

AFPC/DPSIT recommends the board grant the applicant’s request to transfer his post 9/11 GI Bill education benefits to his dependents.  In accordance with AFI 36-2306, Voluntary Education Program, for those members who have an approved retirement date after 1 Aug 09 and before 1 Jul 10, no additional service is required.  The TEB program was new at the time the member was out processing for retirement and the process had not been clearly defined.  After his pre-separation counselling date, the TEB program was launched.  While eligible, and w/o additional obligation, it was likely he didn’t get pre-separation counseling on a program that wasn’t yet fully in place.

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 2 Sep 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 not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  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 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.  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    1 August 2009, he transferred his Post 9/11 GI Bill Educational Benefits to his dependents with no additional service required.


The following members of the Board considered AFBCMR Docket Number BC-2015-00577 in Executive Session on 28 Jan 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 Feb 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 28 Apr 15.
	Exhibit D.  Letter, SAF/MRBR, dated 2 Sep 15.