RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02080
	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

She be allowed to accomplish a Post-9/11 GI Bill transfer of education benefits (TEB) to her dependents.

APPLICANT CONTENDS THAT:

During her Transition Assistance Program (TAP) she was briefed she was eligible but that was contingent upon her serving six additional years of service.  She just recently found out that she could have applied for TEB without incurring an Active Duty Service Commitment (ADSC).  She has applied and been approved for TEB but has not been able to utilize the benefit.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 14 Nov 89.

The TEB program became effective on 1 Aug 09.

She retired on 1 Mar 10, in the grade of master sergeant.  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 noting at the time of the applicant’s retirement the TEB program was new and guidance was limited.  It is feasible the applicant was not properly counseled regarding TEB.  The applicant’s Total Active Federal Military Service Date (TAFMSD) is 14 Nov 89.  Based on the applicant’s TAFMSD, she would not have incurred an ADSC 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 9 Apr 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

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

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

3.  After thoroughly reviewing all Exhibits, the Board concludes that the applicant is the victim of an 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 show that on 9 August 2009, she elected to transfer her Post-9/11 GI Bill Educational Benefits to her eligible dependents, thereby incurring no additional active duty service commitment.

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-2017-02080 in Executive Session on 10 May 18:

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

Exhibit A:	Application, DD Form 149, dated 17 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 30 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 9 Apr 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.