RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00424
		
					     COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His eligibility for the Transfer of Education Benefit (TEB), Post 9/11 GI Bill be reinstated.

APPLICANT CONTENDS THAT:

At the time of his retirement he was not made aware of his eligibility for the TEB, Post 9/11 GI Bill benefit.

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

STATEMENT OF FACTS:

The Post 9/11 GI Bill program became effective 1 Aug 09 based on the Post 9/11 Veteran Education Assistance Act of 2008, as a Result of Public Law No. 110-252 signed by the President on 30 Jun 08.  Transfer of the Education Benefits to dependents was included in the law.

The applicant was not eligible for TEB at the time of retirement due to the existing law and the fact that the applicant’s qualifying service was under Title 32, Active Guard Reserve (AGR) time.

On 1 Sep 10, the applicant was retired and transferred to the Ready Reserve and placed on the Air Force Retired list and credited with 21 years, 3 months and one day of active service. 

On 4 Jan 11, the Post 9/11 GI Bill was modified to allow qualifying service under Title 32 and was deemed retroactive to 1 Aug 09.  The applicant, now eligible for TEB, would not have incurred a service obligation since he was retirement eligible prior to 1 Aug 09.

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 for reinstating his TEB, Post 9/11 GI Bill benefit indicating an error occurred and that the applicant was never notified of his eligibility.
 
The applicant was not eligible for the Post 9/11 GI Bill at the time of his retirement. All of his qualifying active duty time was Title 32 AGR time which was not passed into law as qualifying until 4 Jan 11 and retroactive to 1 Aug 09. 

A thorough search of electronic files and contact with the applicant’s former unit could not find any evidence the applicant was notified of his eligibility for TEB, Post 9/11 GI Bill benefits.    

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 14 Oct 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 and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Research of the applicant’s case verified an error occurred when his unit of assignment did not notify him of his TEB eligibility.  Furthermore, at the time of his retirement the applicant was not eligible for the TEB Post 9/11 GI Bill because of his Title 32 AGR time; however, Public Law 111-377, Section 101, passed on 4 Jan 11, incorporated Title 32, AGR time as qualifying for the Post 9/11 GI Bill and the TEB, retroactive to 1 Aug 09. Thus, the Board concluded the applicant meets all the qualifying criteria for the Post 9/11 GI Bill and the TEB to his dependents and recommends the applicant's records 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 4 January 2011 he met all the qualifying criteria for the Post 9/11 GI Bill and the Transfer of Educational Benefits program retroactive to 1 August 2009. 

The following members of the Board considered AFBCMR Docket Number BC-2016-00424 in Executive Session on 30 March 2017 and 3 April 2017 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-2016-00424 was considered:

	Exhibit A.  DD Form 149, dated 27 Jan 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB-A1Y, dated 30 Aug 16.
	Exhibit D.  Letter, SAF/MRBR, 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.