RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03664
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS:

He be authorized to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependent daughter.

APPLICANT CONTENDS:

He was out processing in Aug 09, when TEB benefits were first implemented.  He was recently told by the Reserve Education Office he might qualify for TEB.  

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

STATEMENT OF FACTS:

The applicant served in the grade of Technical Sergeant in the Air National Guard during the matter under review. 

On 16 Jun 05, the applicant was notified he was eligible for retired pay at the age of 60. 

According to his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 22 Sep 06, the applicant had the required active duty service when the Post-9/11 GI Bill program began on 1 Aug 09, and qualified for Post 9/11 GI Bill Transfer of Educational Benefits in his own right.  

Under Reserve Order EK-1354, dated 31 Dec 09, the applicant was assigned to the Retired Reserve, effective 13 Jan 10.  

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:

ARPC/DPTT recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  The Post-9/11 GI Bill became effective 1 Aug 09.  Based on the Post-9/11 Veterans Education Assistance Act of 2008, signed by the President on 30 Jun 08, “…an individual may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.”  The mechanism for transferring Post-9/11 GI Bill benefits was available on 29 Jun 09.

The applicant transferred to the Retired Reserve on 13 Jan 10.  He had over 20 years of satisfactory service when the Post-9/11 GI Bill program began on 1 Aug 09, and would not have incurred a service commitment for obtaining his TEB.  Although the system allowing members to request transfer of Post-9/11 GI Bill educational benefits was in place on 29 Jun 09, it is entirely possible the applicant did not receive the information via briefing or through other channels.  He may have attended a retirement briefing before transfer information was available.

A complete copy of the ARPC/DPTT evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 Mar 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 ARPC/DPTT and adopt its rationale as the basis for our conclusion the applicant has been the victim of an injustice.  In this respect, ARPC/DPTT has indicated that through no fault of the applicant it appears he may not have received the Post-9/11 GI Bill Transfer of Educational Benefits (TEB) information via briefing or through other channels.  The applicant qualified for the Post 9/11 GI Bill in his own right.  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 1 August 2009 he transferred his Post-9/11 GI Bill Educational Benefits to his eligible dependents.

The following members of the Board considered AFBCMR Docket Number BC-2015-03664 in Executive Session on 29 Sep 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-2015-03664 was considered:

	Exhibit A.  DD Form 149, dated 21 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 8 Dec 15, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Mar 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.