RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-02498

	COUNSEL:  NONE

	HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His records be corrected to reflect he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents while on active duty.

APPLICANT CONTENDS THAT:

During his deployment to Kuwait (Oct 09 – May 10), he submitted completed TEB paperwork to Ali Al Salem Air Base education office personnel.  He was never directed to the “milconnect” web site to submit an official application.  In addition, during this time his home station deleted his education account, being under the assumption he was no longer stationed there and not verifying he was on a 6-month deployment.  Prior to retirement, he was asked if he wanted to transfer his GI Bill benefits, and he said he had done so while deployed.  No one verified this.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 2 Apr 92.  

On 28 Sep 14, the applicant was retired and with 22 years, 5 months, and 26 days of active service.

As the applicant served on active duty since 11 Sep 01, he is entitled to Post-9/11 GI Bill educational benefits in his own right.

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/DP3SA recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  He contends while deployed to Al Salem Air Base, he submitted TEB paperwork to the base education office.  The TEB program was newly established at the time the applicant submitted his TEB request.  It is feasible he was not adequately informed about the TEB approval process.  There is no record in the Defense Manpower Data Center (DMDC) the applicant applied for TEB.  Without a request, eligibility for the program could not be established, as DoDI 1341.13, Post 9/11 GI Bill, and AFI 36-2306, Voluntary Education Program, cite the date of request as the date on which the appropriate service obligation would be applied.  The applicant’s Total Active Federal Military Service Date (TAFMSD) is 2 Apr 92, therefore, he would have incurred a 3-year Active Duty Service Commitment (ADSC) with TEB approval, which would have been served by his effective retirement date.

A complete copy of the AFPC/DP3SA 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 Dec 16 for review and comment within 30 days (Exhibit E).  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.  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.

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 that on 1 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents and on 31 July 2012, he completed the required Active Duty Service Commitment for transfer of educational benefits as required by DODI 1341.13, Post-9/11 GI Bill.

The following members of the Board considered AFBCMR Docket Number BC-2016-02498 in Executive Session on 28 Sep 17 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02498 was considered:

	Exhibit A.  DD Form 149, dated 30 Sep 2015.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 22 Sep 16.
	Exhibit D.  Letter, SAF/MRBR, dated 1 Dec 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings.