RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2018-01856

XXXXXXXXXXXXXXXX	COUNSEL:  NO
	
	HEARING:  YES

APPLICANT REQUESTS THAT:

Her application to transfer her Post-9/11 GI Bill Educational Benefits (TEB) to her two children, submitted in 2009, be granted.

APPLICANT CONTENDS THAT:

She was not informed her TEB application was rejected due to lack of retainability, and did not learn her benefits did not transfer until recently, after completing over twice the required active duty service commitment required for TEB.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a currently serving Air Force 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 denying the application.  The applicant did not secure the required retainability and did not sign the Statement of Understanding (SOU).  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 Jul 18 for comment (Exhibit D), and the applicant replied on 23 Jul 18.  In her response, the applicant contended she was never informed her TEB package was denied, and if she had been informed, she would have re-applied, at that time, with her extension.  Since her initial application, she has completed nine years of active service, more than twice the time needed to transfer her benefits.  The applicant’s complete response is at Exhibit E.

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, it is the Board’s opinion the applicant is the victim of an error and injustice.  While the Board notes the comments of AFPC/DP3SA indicating that relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  Whether or not the applicant signed the SOU or formally obtained the retainability, she certainly served more than the required four years after the date of her 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 this circumstance would be to place form over substance, to the detriment of the applicant.  Therefore, the Board recommends correcting the applicant’s records 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 25 November 2009, she elected and was approved to transfer her Post-9/11 GI Bill Educational Benefits to her eligible dependents with an obligation end date of 24 November 2013.

The application was adjudicated without a personal appearance.

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-2018-01856 in Executive Session on 4 Sep 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 11 May 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 15 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 17 Jul 18
Exhibit E:	Applicant’s response, dated 23 Jul 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.