RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02989

	COUNSEL:  

	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 was never informed that he needed to transfer at least one month of education benefits to each of his dependents prior to retirement.  He discovered the error in August 2009; however, he was waiting to submit his application for correction of his records until there was a tangible need to use his TEB benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 30 Sep 83 and was discharged on 31 Aug 09.  He was credited with 25 years, 11 months and 1 day of active service.  Based on his total active federal military service date (TAFMSD), he would not have incurred an active duty service commitment (ADSC) 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 transfer was limited.  It is feasible the applicant was not adequately informed on the proper procedures for TEB.  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 26 Mar 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’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will 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 elected to transfer his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his eligible dependents.  

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-2017-02989 in Executive Session on 7 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 6 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Mar 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.