RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-03495

THURMAN E. WILLIAMS III	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His request to transfer benefits was approved prior to his retirement date.  He was later informed this was an error and requests his case be reviewed.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force staff sergeant who was relieved from active duty on 28 Nov 15 and Permanently Disability Retired.  He served from 22 Sep 03 to 27 Nov 15.  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 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 17 May 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 that the applicant is the victim of an error and 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.  In the past, the Board has granted TEB requests where three conditions were met.  First, the Board must conclude it was more likely than not that the applicant attempted to transfer the benefit.  Second, the applicant must have been eligible for TEB at the time of such attempt.  Third, the applicant must have actually served the amount of time that would have been required if the applicant had completed the transfer correctly.  Here, the Board finds the applicant did attempt to transfer his education benefits; the applicant was eligible for TEB at the time of attempted transfer, under AFI 36-2649, paragraph A13.18.1.1.2; and, the applicant actually served all time required under the instruction.  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 transfer of his Post-911 G.I. Bill education benefit was approved on 28 November 2011, with an Active Duty Service Commitment/Obligation End Date of 27 November 2015. 

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-2017-03495 in Executive Session on 20 Sep 18:

Mr. Clifford D. Tompkins, Panel Chair
Mr. Ricky L. Bennett, 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 25 Jul 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 7 May 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 17 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.