RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-02572
		
						COUNSEL:  XXXXXXXXXX

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill transfer of education benefits (TEB) to his dependents be approved.

APPLICANT CONTENDS THAT:

The GI Bill education benefits were never properly explained to him before he retired.  He was told that he could complete TEB at a later date when his dependents were old enough to use them.  He discovered that his dependents would not be able to use his benefits during their college orientation.

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

STATEMENT OF FACTS:

On 30 Sep 09, the applicant was relieved from his, then, current assignment and assigned to the Retired Reserve list on 1 Oct 09, awaiting pay at age 60 (28 Oct 23).  The applicant was credited with 25 years of total service for retired pay.

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 Post 9/11 GI Bill program, to include TEB, became effective 1 Aug 09.  While the law required the applicant to transfer benefits while serving in the military, his retirement occurred very close to the implementation of the program.  Due to program infancy, proper counseling procedures were not fully developed across the entire Air National Guard (ANG); therefore, it is entirely possible that the applicant was not provided accurate TEB information.  
The applicant had Post 9/11 GI Bill qualifying active duty, but did not complete a Transfer of Education Benefits (TEB) request prior to his retirement.  The applicant was retirement eligible prior to 1 Aug 09 and would not have had a service obligation had he transferred education benefits to his dependents prior to retirement.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 Dec 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice.  Therefore, we recommend the applicant's records be corrected as set forth 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 issue(s) 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 that on 30 Sep 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits.  

The following members of the Board considered AFBCMR Docket Number BC-2016-02572 in Executive Session on 8 Jun 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

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

	Exhibit A.  DD Form 149, dated 23 Jun 16.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1Y, dated 15 Dec 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 22 Dec 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.