RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01371
		
		COUNSEL:  NONE

		HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

His records be corrected to show he transferred his Post-9/11 GI 
Bill Education Benefits (TEB) to his dependent daughter while he 
was on active duty.


APPLICANT CONTENDS THAT:

He was misled to believe he was approved for TEB while preparing 
to retire from active duty.  He only discovered the error three 
years after retirement when the Department of Veterans Affairs 
(DVA) notified his daughter of her lack of TEB eligibility.  
Between the time he applied for retirement and his retirement 
date, he applied for and was approved for TEB.  He contends he 
should have been told approval of TEB was contingent upon the 
fulfillment of an Active Duty Service Commitment (ADSC).  He 
would have gladly served the additional ADSC had he known, or 
been notified of, this requirement.  While there were problems 
with the Virtual Military Personnel Flight (vMPF) web site, he 
followed all the proper procedures to apply for TEB, and should 
not be held responsible for someone else’s mistake that costs 
his daughter her TEB eligibility.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 3 Nov 89, the applicant initially entered the Regular Air 
Force.

As the applicant was eligible for retirement during the period 
1 Aug 09 through 31 Jul 10, he could have elected to transfer 
his benefits during this period and would have incurred a one 
year active duty service commitment.

On 1 Apr 11, the applicant applied for retirement, with an 
effective date of 1 Dec 11.

On 31 Aug 11, according to information provided by the 
applicant, the TEB application was approved by the Total Force 
Service Center (TFSC), with an effective date of 19 Aug 11.

On 30 Nov 11, the applicant was relieved from active duty and 
retired, effective 1 Dec 11, and was credited with 22 years and 
28 days of active service.

On 21 Mar 14, according to information provided by the 
applicant, his dependent daughter received notification of 
disapproval of TEB because from the DVA because her “parent has 
not been approved by DoD to transfer entitlement.”

On 26 Mar 14, according to information provided by the 
applicant, he received notice of TEB approval from the Defense 
Manpower Data Center (DMDC).

The remaining relevant facts pertaining to this application are 
described in the memorandum prepared by the Air Force offices of 
primary responsibility (OPR), which is included at Exhibit C.


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, indicating there is no evidence of 
an error or injustice.  The applicant did not serve a complete 
ADSC after TEB application, in accordance with AFI 36-2306, 
Voluntary Education Program, rendering him ineligible for the 
TEB program.  His 19 Aug 11 request for TEB should have been 
denied without some obligation to serve until at least 18 Aug 
12.  Knowing he applied for TEB after his approved retirement 
date, the applicant did not inquire to ensure TEB eligibility.  
As enrollment for TEB and the applicant’s retirement request 
were voluntary actions, the applicant should have ensured all 
requirements were met if he had any reservations about ensuring 
TEB to his dependents prior to retirement.
 
A complete copy of the AFPC/DPSIT evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes the validity of the conclusions of the 
advisory opinions and argues that with documented approval of 
TEB enrollment from the TFSC, he would have no need to follow up 
with anyone to ensure his request for TEB was approved.  In 
support of his response, the applicant provides copies of his 
vMPF incident #110822-000698, stating “if you do require 
retainability, vMPF will display the retainability 
requirements.”  Due to the errors with vMPF, he signed a blank 
Statement of Understanding (SOU) and was never contacted about 
retainablity after his application date of 19 Aug 11.  He 
reiterates his strong desire to transfer the entitlement to his 
daughter would have compelled him to serve any additional time 
to meet the obligation for TEB, had he been properly informed.


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3  A majority of the panel finds sufficient evidence of an 
injustice.  The Board took notice of the applicant's complete 
submission in judging the merits of the case, to include the 
applicant’s response to the Air Force evaluation.  While the 
majority notes the recommendation from AFPC/DPSIT indicating he 
should have inquired about a possible service commitment 
associated with his TEB eligibility, because he applied for TEB 
after he was approved to retire, the majority believes 
corrective action is warranted.  In this respect, the majority 
notes that it is reasonable to conclude that because he received 
electronic confirmation of TEB approval, without notice of 
additional obligation, that it is more likely than not he 
believed he had properly completed the required obligation of 
the Post-9/11 GI Bill TEB program.  Additionally, given the fact 
he served beyond the minimum 20 years of service, the majority 
fids it reasonable to believe he would have voluntarily served 
an additional obligation, had he been properly notified of this 
requirement.  Therefore, in view of the fact that the applicant 
could have elected to transfer his benefits as early as 1 Aug 09 
and successfully served the requisite ADSC, the majority of the 
Board recommends the applicant’s record 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 the APPLICANT be corrected to show that on 
1 August 2009 he elected to transfer his Post-9/11 GI Bill 
Educational Benefits to his eligible dependents, generating an 
active duty service commitment of one year, with a 31 July 2010 
expiration date.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-01371 in Executive Session on 20 Feb 15 under the 
provisions of AFI 36-2603:

      , Panel Chair
      , Panel Member
      , Panel Member

By a majority vote, the Board voted to grant the applicant’s 
request.        voted to deny, but did not elect to provide a 
minority report.  The following documentary evidence was 
considered:

	Exhibit A.  DD Form 149, dated 31 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 9 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 4 Aug 14.
	Exhibit E.  Letter, Applicant, dated 26 Aug 14, w/atchs.