RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-05054
		
						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill Transfer Education Benefits (TEB) be transferred to his dependents.

APPLICANT CONTENDS THAT:

Prior to retiring in 2011, he had started the process to transfer Post-9/11 GI Bill benefits to his three daughters.  Following retirement, he assumed the transfer was complete and when the time came, his daughters would be provided the benefits.

On 8 Jan 15, he realized that the transfer was not completed.  It was his intention from the moment he signed up for the education benefits, to pass them along when his daughters were old enough.

While he is not completely certain what may have been missed during the transfer process, he only asks that his daughters be able to utilize the benefits that he earned, no more, no less.  He hopes that by providing his Post 9/11 Bill TEB Statement of Understanding as supporting documentation, it proves his intent was always to transfer these benefits.

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

STATEMENT OF FACTS:

On 14 May 87, the applicant initially entered the Regular Air Force.

On 4 Oct 90, the applicant initially entered the Air National Guard.

On 1 Aug 09, the Post-9/11 GI Bill TEB program became effective.

On 28 Jan 10, the applicant received his certificate of eligibility for the Post-9/11 GI Bill.

On 4 Jun 11, the applicant signed a Post-9/11 GI Bill Transfer of Education Benefits Statement of Understanding (SOU).

On 5 Jun 11, the applicant was furnished an honorable discharge, and was credited with 24 years and 22 days of active service.

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.

The applicant’s Transfer of Education Benefits Statement of Understanding, dated 4 Jun 2011, included as part of the case, provides evidence that he did make an attempt to complete the transfer of benefits to his dependents; however, there is no evidence that he actually applied for TEB.

The Recruiting and Retention Manager (RRM) conducted a search of his office and was able to locate a copy of the applicant’s Transfer of Education Benefits Statement of Understanding that he completed in 2011.  The RRM was not able to locate any additional records to indicate whether or not he was in contact with the Retention Office to complete TEB prior to his retirement.

Although the TEB website does not show the applicant initiated a Post-9/11 GI Bill TEB prior to his retirement, the completed Statement of Understanding (dated prior to his retirement date) stands as evidence that he did attempt to complete the transfer.  At the time of his retirement, the applicant would have met all requirements for the transfer and would not have had a service obligation.
 
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 5 Jul 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 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 the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  We note the OPR states the Statement of Understanding present in the Recruiting and Retention Manager’s official record stands as supporting evidence of the applicant’s intent to transfer education benefits to his dependents.   As such, 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 for all of his dependents.  Therefore, in the interest of justice, we recommend the applicant's records be corrected as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show, on 4 June 2011, he elected to transfer his Post-9/11 GI Bill Educational Benefits to all his eligible dependents.

The following members of the Board considered AFBCMR Docket Number BC-2015-05054 in Executive Session on 30 Mar 17 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-2015-05054 was considered:

	Exhibit A.  DD Form 149, dated 17 Nov 15, w/atchs.
	Exhibit B.  Applicant's Excerpts from Personnel Records.
	Exhibit C.  Memorandum, NGB/A1Y, dated 27 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 5 Jul 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.