RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03131
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS:

She be authorized to transfer her Post-9/11 GI Bill benefits to her two dependent children. 

APPLICANT CONTENDS:

When completing her out-processing in Feb 11, she converted her GI Bill benefits to the Post-9/11 GI Bill for the sole purpose of transferring her educational benefits to her children.  She never received any guidance or briefings instructing her to transfer the benefits before her retirement.  In May 15, when she contacted her Wing personnel office, she learned her unit may not have provided her with all of the information she needed.   

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

STATEMENT OF FACTS:

The applicant served in the Air National Guard during the matter under review.

On 4 Sep 08, the applicant was notified she had completed sufficient years of service to qualify for retired pay at the age of 60. 

Under Reserve Order EK-6107, dated 20 Sep 10, the applicant was assigned to the Retired Reserve, effective 1 Mar 11.  

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 recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  Department of Defense Instruction (DODI) 1341.12, Post-9/11 GI Bill, states an individual may not add family members after retirement or separation from the Armed Services.  The Department of Veterans Affairs (DVA), the DoD, and the Military Services widely publicized the Post-9/11 GI Bill and the transferability feature.  

The applicant did apply for the Post-9/11 GI Bill and was awarded at the 60 percent benefit level.  She did not transfer her educational benefits to her dependents prior to her retirement.  The applicant was eligible to retire prior to the 1 Aug 09 TEB program implementation date, and would not have had to serve any additional active duty service commitment if she had transferred her benefits prior to retirement.  The former Recruiting and Retention Manager (RRM) for the applicant’s unit indicates he may not have briefed the applicant adequately on the requirement to transfer her educational benefits prior to her retirement.  The admission of the former unit RRM provides the NGB sufficient reasonable doubt as to whether the applicant was provided with the correct information and had the appropriate Post-9/11 knowledge level and understanding.  Therefore, recommend approval of the applicant’s request.  
 
A complete copy of the NGB 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 24 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:

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.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of NGB that the applicant has been the victim of an error or injustice.  At the time the applicant applied and was approved for Post-9/11 GI Bill transferability, the program was still new and complete information was not readily available, and the applicant’s former Recruiting and Retention Manager (RRM) has acknowledged said lack of information.  The applicant applied and was approved for the Post-9/11 GI Bill transferability benefit.  It appears the applicant had every intention of transferring her benefits to her dependents, and at the time was convinced she accomplished her objective.  Given the applicant had sufficient active Federal service time to qualify for retirement prior to the implementation of the Post-9/11 GI Bill TEB Program so no additional service commitment was required for TEB, and the lack of proper guidance prevented the applicant from exercising the benefit for which she had been approved, we find the evidence provided sufficient to provide relief.  Therefore, we recommend the applicant's records be corrected as indicated below.

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 28 February 2011, she transferred her Post-9/11 GI Bill Educational Benefits to her dependents.

The following members of the Board considered AFBCMR Docket Number BC-2015-03131 in Executive Session on 26 May 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB, dated 3 Feb 16.
	Exhibit D.  Letter, SAF/MRBR, dated 24 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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.