RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01979

XXXXXXXXXXXXXXX	COUNSEL: NONE

HEARING: NO

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 Education Benefits (TEB) to his dependent son.

APPLICANT CONTENDS THAT:

He applied for TEB in 2010; however, he was unaware his application was denied. He never received a denial letter, nor is there one in his personnel file. He reenlisted in May 2011 and would have transferred his benefits on his reenlistment, had he been aware of the denial. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force technical sergeant. His Total Active Federal Military Service Date (TAFMSD) is 11 May 95. Defense Manpower Data Center records show he applied for TEB on 23 Aug 10. He would have incurred a four-year service obligation, to 22 Aug 14, but his application was rejected because he lacked retainability at that time. However, on 13 May 11, he reenlisted for four years and sixteen months, ultimately retiring on 31 May 15, his high year of tenure date. 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, indicating there is no evidence of an error or injustice. At the time he applied for TEB, the applicant failed to secure the required retainability and 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 20 Jul 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 available avenues of non-judicial relief before applying to the Board.

3.	After thoroughly reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice. While the Board notes the comments of AFPC/DP3SA, the Board also notes the applicant ultimately served more than the amount of time that would have been required if he had completed the transfer of benefits correctly in 2010, by obtaining sufficient retainability and signing the SOU, or even if he had re-applied for TEB when he reenlisted in 2011. Either way, the Air Force received the full benefit of the TEB agreement, even though the applicant did not. 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 he transferred his Post-9/11 GI Bill education benefits to his eligible dependents on 14 May 2011; that he signed a Statement of Understanding the same day; and that it was accepted on the following day, with an Obligation End Date of 13 May 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-2018-01979 in Executive Session on 13 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 16 May 18.

Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Advisory opinion, AFPC/DP3SA, dated 10 Jul 18.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 20 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.