RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03550
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill be transferred to his dependents.

APPLICANT CONTENDS THAT:

He transferred his Post-9/11 GI Bill to his dependents in June 2012 with his Retention Office Manager.  He indicates that an error in the transfer of education benefits (TEB) system occurred.

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

STATEMENT OF FACTS:

On 2 Oct 85, the applicant initially entered the Air National Guard.

Prior to 1 Aug 09, the applicant had over 20 years of service and would not have had a service commitment for transferring his Education Benefits.

On 21 Dec 09, he received his certificate of Eligibility for the Post 9/11 GI Bill.

On 28 Feb 13, the applicant was relieved from his Reserve assignment and effective 1 Mar 13, was retired in the grade of master sergeant and transferred to the Retired Reserve awaiting pay at age 60.  He was credited with 23 years, 2 months, and 2 days of active service.

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

AIR FORCE EVALUATION:

NGB/A1Y recommends denial of the applicant’s request, indicating there is no evidence of an error or injustice.

The Recruiting and Retention Manager (RRM) for the applicant’s former unit, indicates that she recalls working with the applicant on his transfer of education benefits to dependents, but does not recall the reason that no documents were completed and why the system does not reflect his transfer.  The RRM looked through her files and cannot locate any documentation from that time period.

While a system glitch cannot be overruled, there is no evidence to support the applicant’s contention that he transferred benefits to dependents.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes the validity of the conclusions of the advisory opinion and argues that although they didn’t see record of the TEB request, he submitted it with the assistance of his Recruiting and Retention Manager.  In addition, he stated that his Recruiting and Retention Manager mentioned that she remembers assisting him with the TEB.

ADDITIONAL AIR FORCE EVALUATION:

NGB/A1Y recommends granting the applicant’s request, indicating there is evidence of an error or injustice.

After research with the Defense Manpower Data Center (DMDC), there is evidence that the applicant logged into MilConnect on 27 Aug 12.  While the system does not show a submit action, a system glitch cannot be overruled.  The member had over 20 years of service prior to 1 Aug 09 and would not have had a service obligation based on a TEB submission in 2012.

The member has qualifying service for Post 9/11 benefits.  The applicant meets all other eligibility criteria to add a dependent to his approved transfer request.  If relief is granted, the NGB/A1Y office will complete an administrative fix to correct the situation.

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

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.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe that relief is warranted.  We note the differing opinions presented by NGB/A1Y, however, given there is evidence that the applicant logged into MilConnect on 27 Aug 12 in an attempt to apply for Post-9/11 GI Bill benefits at a time when no additional ADSC was required on his part, we do not find it reasonable he would have knowingly elected not to complete the application process for such an important entitlement.  Therefore, we recommend the applicant’s record be corrected as indicated 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 27 Aug 12 he transferred one month of his Post-9/11 GI Bill Educational Benefits to each of his elgibile dependents.

The following members of the Board considered AFBCMR Docket Number BC-2015-03550 in Executive Session on 13 Dec 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 pertaining to AFBCMR Docket Number BC-2015-03550 was considered:

	Exhibit A.  DD Form 149, dated 30 Jul 15, w/atchs.
	Exhibit B.  Applicant's Excerpts from Personnel Records.
	Exhibit C.  Memorandum, NGB/A1Y, dated 18 Mar 16.
	Exhibit D.  Memorandum, AFBCMR, dated 4 Apr 16.
	Exhibit E.  Letter, Applicant Rebuttal, dated 9 May 16.
	Exhibit F.  Memorandum, NGB/A1Y, dated 19 May 16.
	Exhibit G.  Memorandum, AFBCMR, dated 14 Oct 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 concerning AFBCMR Docket Number BC-2015-03550.