RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02571

XXXXXXXXXX	COUNSEL: NONE

HEARING: NO

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill education benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:

On 26 Mar 10, he transferred his benefits to his dependents and was informed there were no additional service requirements. Prior to his retirement in 2015, he was assured that everything was in place for his dependents to start using the benefits. He was never informed that his application was denied.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 19 Jul 95. On 1 Oct 15, he retired in the grade of master sergeant and was credited with 20 years, 2 months and 12 days of active duty 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 denying the application. The Defense Manpower Data Center (DMDC) records reflect the applicant applied for TEB via milConnect on 26 Mar 10. On 12 Apr 10, his application was rejected because he did not secure the required retainability or sign the Statement of Understanding.  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 29 Dec 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.	The application was timely filed.

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

3.	After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is the victim of an injustice. While the Board notes the comments of AFPC/DP3SA indicating relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions. Whether or not the applicant signed the Statement of Understanding or formally obtained retainability, he certainly served more than the required four years after the date of his attempted transfer of education benefits. The Air Force received all the service it would have if the applicant had adhered to the formalities of the process. To deny relief in these circumstances would be to place form over substance, to the detriment of an honorably retired airman. Therefore, the Board recommends correcting the applicant’s records 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 26 March 2010 he transferred his Post-9/11 GI Bill education benefits to his dependents, subsequently obtaining the required retainability and signing an effective Statement of Understanding, which competent authority approved on 12 April 2010.

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-2017-02571 in Executive Session on 5 Apr 18:

Panel Chair 
Panel Member 
Panel Member
All members voted not to correct the record. The panel considered the following: Exhibit A: Application, DD Form 149, dated 25 May  17.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Advisory opinion, AFPC/DP3SA, dated 30 Nov 17.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 29 Dec 17.

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