RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-01891

  	COUNSEL:  NONE
	
	HEARING:  NO	

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Education Benefits (TEB) to his dependent. 

APPLICANT CONTENDS THAT:

He was not properly counseled on the TEB program during his Transition Assistance Program (TAP) briefing.  He was informed that he could complete TEB actions after retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant.  His Total Active Federal Military Service Date (TAFMSD) is 29 Nov 85.  The applicant retired effective 1 Jan 10 and was credited with 24 years, 1 month and 2 days of active service.  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.  The TEB program was newly established at the time of applicant’s retirement; guidance and information was limited.  It is feasible the applicant was not adequately informed prior to retirement.  Based on the applicant’s TAFMSD, he would have incurred no Active Duty Service Commitment with TEB approval [AFI 36-2306_AFGM1, 18.a.(4)(b)].  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 4 May 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was 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 or injustice.  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.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to reflect that on 1 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents, with no additional service required.   

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-2017-01891 in Executive Session on 28 Jun 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/atchs, dated 26 Feb 17.
Exhibit B: Documentary evidence, including relevant excerpts from official records
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 5 Feb 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 4 May 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.