RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00809 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. APPLICANT CONTENDS THAT: The Education Office told him that he was not required to Transfer Educational Benefits (TEB) due to his retirement. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant’s Total Active Federal Military Service Date is 9 April 1989. According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, dated 4 June 2012, the applicant served a period of active duty from 15 May 2008 to 31 May 2012, and was credited with 4 years and 16 days of active service. His was previously credited with 19 years, 1 month and 6 days of active service. According to Special Orders Number AC-002973 dated 22 December 2011, the applicant retired from the Air National Guard (ANG) in the grade of senior master sergeant (E-8) effective 1 June 2012, and was credited with 23 years, 1 month and 22 days of active service. According to AFI 36-2306, Voluntary Education Program, dated 13 August 2010, no additional service was required for members who were eligible for retirement on 1 August 2009. A Service member is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed pursuant to Title 10, United States Code Section 12732: Entitlement to retired pay: computation of years of service. This provision ended 31 July 2012. The applicant served on active duty since 11 September 2001; therefore, he was entitled to Post-9/11 GI Bill benefits in his own right and was otherwise eligible to transfer said benefits to his dependents. As the applicant was eligible for retirement prior to 1 August 2009, he would not have incurred an active duty service commitment. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: NGB/A1Y recommends denial. The ANG implemented a communication plan, utilizing the Recruiting and Retention Managers (RRM), to serve as liaisons between the National Guard Bureau, the Defense Manpower Data Center, the Department of Veterans Affairs and the 54 states/territories. The RRM is required to provide Post- 9/11 GI Bill and TEB program briefings, as well as, advertising the programs via internal media and communication tools (Facebook, print-ads, and newsletters). The applicant retired on 1 June 2012 and there is no record that he transferred education benefits to his dependents. The RRM from the applicant’s former unit indicated that she was not in her position at the time of the applicant’s retirement and does not have records to indicate whether the applicant was in contact with the Retention Office to initiate TEB prior to his retirement. The applicant has qualifying service for Post-9/11 benefits and meets all other eligibility criteria to TEB to his dependents. A complete copy of the NGB/A1Y evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 2 December 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe that relief is warranted. While we note the steps the Air Force office of primary responsibility indicates were taken to inform eligible personnel of this benefit, it is our opinion the applicant was not was properly counselled on the procedures to properly transfer his benefits to his dependents. In this respect, we note the applicant was entitled to Post-9/11 GI Bill benefits in his own right and was otherwise eligible to transfer said benefits to his dependents without having to commit to additional service. As such, we do not find it reasonable that he would have knowingly elected not to take the necessary action in order to ensure that he retained this entitlement for his dependents. Therefore, in the interest of justice, we believe the applicant’s records should be corrected to show that he transferred his benefits to his dependents before his 1 June 2012 retirement. Accordingly we recommend the applicant’s be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 30 May 2012, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. The following members of the Board considered AFBCMR Docket Number BC-2015-00809 in Executive Session on 28 January 2016, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 February 2015. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1Y, dated 19 November 2015, w/atchs. Exhibit D. Letter, AFBCMR, dated 2 December 2015.