RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00945

	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

On 25 Apr 12, he submitted his application for TEB; however, he was never notified that his application was denied because he failed to sign the Statement of Understanding (SOU).  The applicant’s complete submission is at Exhibit A. 

STATEMENT OF FACTS:

The applicant is a retired Air Force staff sergeant.  He initially entered active duty on 4 Jan 95 and was retired effective 1 Feb 15.  He was credited with 20 years and 27 days of active service.  Based on his Total Active Federal Military Service Date (TAFMSD), he would have incurred a 4-year ADSC with TEB approval.

AIR FORCE EVALUATION:
	
AFPC/DP3SA recommends denying the application.  The applicant does not provide sufficient evidence of an error or injustice on the part of the Air Force.  On 13 Jan 11 he applied for TEB, but on 31 Jan 11 his application was denied because he did not sign the SOU.  On 25 Apr 12, he submitted his second application, which was denied on 9 May 12 because he did not secure retainability or sign the SOU.  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 2 Feb 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

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

3.  After thoroughly reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice.  The Board notes the comments of AFPC/DP3SA indicating relief should be denied; however, the Board disagrees.  The applicant attempted to transfer his education benefits in January 2011.  Thereafter, he served four years on active duty, retiring on 1 Feb 15.  Thus, despite the applicant’s failure to sign the SOU, the Board finds his subsequent conduct in serving the required time to be evidence that his failure to sign should be regarded as a procedural defect only and not as evidence of an intent to abandon the transfer request.  Moreover, the Air Force actually received the service required for transfer of the education benefit.  Therefore, the Board recommends 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 13 January 2011 he elected to transfer his Post-9/11 GI Bill Education Benefits to his eligible dependents; on 14 January 2011, he signed a timely and effective Statement of Understanding, incurring thereby a four-year active duty service commitment; he satisfied the service commitment on 12 January 2015, before his 1 February 2015 retirement.

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-2017-00945 in Executive Session on 10 May 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, dated 27 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 9 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Feb 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.