RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00734

XXXXXXXXXXXX	COUNSEL:  NONE

	HEARING:  YES

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 Transfer of Education Benefits (TEB) to his eligible dependents.

APPLICANT CONTENDS THAT:

He started his terminal leave in June 2009, prior to the announcement of the TEB program.  He was never made aware of the requirement to transfer his benefits prior to his retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force master sergeant (E-7).  The applicant entered the Regular Air Force on 14 Oct 88; he retired as of 1 Sep 09 with 20 years, 10 months and 17 days of active service.  Based on his total active federal military service date, he would have incurred no active duty service commitment with TEB approval.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends granting the application.  At the time of the applicant’s retirement, the Post-9/11 GI Bill TEB program was still being introduced, and guidance for executing transfers had not been clearly defined.  In addition, the applicant incurred no additional service obligation with TEB approval.  The complete advisory is at Exhibit C. 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 15 Aug 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error.  The Board concurs with the rationale and recommendation of AFPC/DP3SA and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

4. The applicant has not shown that a personal appearance with or without counsel would materially add to the Board’s understanding of the issues involved.

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 Education Benefits to his eligible dependents.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00734 in Executive Session on 27 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atach, dated 1 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 8 Aug 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 15 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.