RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01105 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her Active Duty Service Commitment (ADSC) date, based on her Transfer of Education Benefits (TEB), be adjusted to match her original retirement eligibility date of September 2014. 2. She be allowed to transfer her Post 9/11 GI Bill benefits to her dependent with an effective date of 20 September 2009. _________________________________________________________________ APPLICANT CONTENDS THAT: In August 2009, the Education Center on Bolling AFB briefed that active duty members may only transfer Post 9/11 GI Bill benefits to dependents. In accordance with DVA instruction, said benefits may be assigned to any person(s) associated with a member’s DEERS record, regardless of military dependency status. The Education Center recognized their error and recommended that she petition for a waiver. Had she the correct information, she would have initiated the TEB in September 2009, incurring no additional service. In support of her request, the applicant submits a personal statement and copies of a 2009 Bolling AFB Education Center briefing. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on extended active duty in the grade of lieutenant colonel. MilPDS reflects her ADSC as 17 January 2015. On 18 January 2011, the applicant applied to transfer benefits to her son and the application was approved with a service obligation end date of 17 January 2015. The remaining relevant facts pertaining to this application, extracted from the applicant’s military personnel records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: USAF/A1PA recommends approval. A1PA states it is reasonable to believe the briefer provided erroneous information to the applicant during the 12 August 2009 briefing. If the Board finds there is sufficient evidence the applicant did not receive accurate counseling, the Air Force has the technical/operational capability to adjust the applicant’s TEB Web Application Military Service Obligation End Date and associated Military Personnel Data System (MilPDS) ADSC to 19 September 2013, which is when her ADSC would have expired had she transferred education benefits on the child’s date of birth. (NOTE: the applicant requested her ADSC be adjusted to match her September 2014 retirement eligibility date; however, her ADSC would have only run until 2013 had she transferred benefits when the baby was born). The A1PA complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 13 May 2011, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. Based on the determination by A1PA that it is reasonable the applicant was miscounseled regarding the transfer of her 9/11 GI Bill benefits, we agree with their recommendation to grant the requested relief. Accordingly, we recommend 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 our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a. On 20 September 2009, she elected to transfer his Post 9/11 GI Bill Educational Benefits. b. Her active duty service commitment date (ADSC) reflect 19 September 2013 rather than 17 January 2015. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01005 in Executive Session on 10 November 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-01005 was considered: Exhibit A. DD Form 149, dated 23 February 2011, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, USAF/A1PA, dated 27 April 2011. Exhibit D. Letter, SAF/MRBR, dated 6 May 2011. Panel Chair