RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02990
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His records be corrected to reflect he designated his dependent son born in Feb 95 for Post 9/11 GI Bill transfer of education benefits (TEB).

APPLICANT CONTENDS THAT:

He is unable to make changes (transfer unused Post 9/11 education benefits) on MilConnect.  His dependent son born in Jul 92 is unable to use his Post 9/11 GI Bill TEB, and his dependent son born in Feb 95 is ready to use the available education benefits.  

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

STATEMENT OF FACTS:

The applicant initially entered the Air National Guard on 22 Oct 86.  

On 16 Jun 10, according to documents submitted by the applicant, his request for 12 months of Post 9/11 GI Bill transfer of education benefits (TEB) to his son born in Jul 92, and 0 months of educational benefits to his son born in Feb 95, was approved.  

On 7 Aug 10, the applicant was relieved from his current assignment, assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List.  As the applicant served on active duty since 11 Sep 01, he is entitled to Post-9/11 GI Bill educational benefits in his own right. 

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

AIR FORCE EVALUATION:

NGB/A1Y recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  Department of Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bi11, 31 May 13, Enclosure 3, paragraph  (I) ( I ) states that an individual may not add family members after retirement or separation  from the Uniformed  Services.  The Air National Guard implemented a Post 9/11 GI Bill TEB communication plan, utilizing the Recruiting and Retention Managers (RRMs), to serve as liaisons between NGB, DMDC, DVA and the 54 states/territories.  The RRM is required to give 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).  

A review of the applicant’s official military records revealed that on 16 May 10 , he submitted a request to TEB 12 months to his dependent son born in Jul 92, and 0 months to his dependent son born in Feb 95.  He retired on 7 Aug 10.  They contacted the current Assistant RRM of the applicant’s former unit, and she could not locate any documentation pertaining to the applicant receiving/acknowledging a Post 9/11 GI Bill TEB briefing and understanding.  Therefore, they are recommending approval of the requested relief based on the fact that the applicant has qualifying service for Post 9/11 GI Bill TEB, and with the lack of documentation in the applicant’s former unit RRM files, establishes reasonable doubt that he had Post 9/11 GI Bill TEB knowledge level and understanding.  

A complete copy of the NGB/A1Y evaluation is at Exhibit C.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 18 Feb 16 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe that relief is warranted.  Based on the newness of the TEB at the time of transfer and the available evidence, it is our opinion the applicant more likely than not was not made aware of the steps necessary to complete the transfer of benefits to all of his dependents.  In addition 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 to all of his dependents, if he had known that he could modify or revoke the number of months of the transferred entitlements after his retirement.  Therefore, in the interest of justice, we recommend his records be corrected as set forth 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 on 16 June 2010, he elected to transfer 12 months of Post 9/11 GI Bill transfer of education benefits to his son born in July 1992, and 1 month of educational benefits to his son born in February 1995, and his request was approved.

The following members of the Board considered AFBCMR Docket Number BC-2015-02990 in Executive Session on 29 Sep 16 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-2015-02990 was considered:

	Exhibit A.  DD Form 149, dated 13 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1Y, dated 1 Feb 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 18 Feb 16.
	
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.