RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01036 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be authorized to retain his Post-9/11 GI Bill Educational Benefits (TEB), and not be required to pay back the educational benefits already used. APPLICANT CONTENDS THAT: He was twice misinformed by Education Offices. He was told he was ineligible for TEB until he served a minimum of 10 years of active duty. However, when he inquired again in Jan 13, he was told he had been misinformed and he was eligible for TEB. He applied and was approved for TEB in Feb 13, establishing an ADSC for TEB of 7 Feb 17, but his TEB ADSC should have started in 2010. He was separated for being twice passed over to major in May 15, but his daughter had already attended college for three years and having to pay back her education would be a financial hardship for his family. It is unjust that someone who was not selected for promotion must pay back these benefits, but someone who was separated due to Reduction in Force (RIF) does not. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 11 Feb 04. On 31 May 15, the applicant was furnished an honorable discharge, and was credited with 12 years, 10 months, and 8 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 indicating there is no evidence of an error or an injustice. The applicant submitted his TEB application on 8 Feb 13, was approved on 28 Feb 13, and incurred an active duty service commitment (ADSC) for TEB through 7 Feb 17. Although the member was eligible for TEB approval in Feb 10, his dependent daughter was not eligible to use the benefits until he had served a minimum of 10 years. While the applicant claims he was counseled that he would not have to repay the DVA after being twice passed over for promotion to major and separated, AFI 36-2306 states “the amount of a transferred entitlement that is used by a dependent of the member as of the date of such failure shall be treated as an overpayment of educational assistance and will be subject to collection by the DVA.” The applicant did not provide evidence to support his claim, and did not complete the ADSC associated with his TEB. A complete copy of the AFPC/DPSIT evaluation, with attachment, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 Jul 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 injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. While we note the comments of AFPC/DPSIT indicating relief should be denied because the applicant was not approved for TEB until 28 Feb 13 and did not complete the associated four year ADSC, we believe given the newness of the enabling legislation and the limited, and at times incorrect, information available at the beginning of 2010, it is more likely than not the applicant was told he could not apply for TEB until he had a minimum of 10 years of service. We find no basis to question the applicant's account in this matter and do not find it reasonable that he would have knowingly delayed applying for TEB for three full years after being qualified without having been misinformed. Therefore, we recommend the 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 on 28 February 2010 he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents, and he completed his service agreement in accordance with Directive-Type Memorandum (DTM) 09-003, Post-9/ 11 GI Bill, dated June 22, 2009. The following members of the Board considered AFBCMR Docket Number BC-2015-01036 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 was considered: Exhibit A.  DD Form 149, dated 18 Feb 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIT, dated 23 Mar 15, w/atch. Exhibit D.  Letter, SAF/MRBR, dated 6 Jul 15.