RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03930

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be allowed to accomplish a Post-9/11 GI Bill transfer of education benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:

He was not provided an opportunity to convert his Montgomery GI Bill benefits to Post-9/11 education benefits.  As a veteran he should be grandfathered in for Post-9/11 education benefits.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired from the Air National Guard (ANG) on 1 Dec 07.  He was credited with 20 years, 2 months, and 1 day of active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force Office of Primary Responsibility (OPR), which is attached at Exhibit C.  

AIR FORCE EVALUATION:

NGB/A1 recommends denial, indicating there is no evidence of an error or an injustice.  The applicant retired prior to the Post- 9/11 GI Bill effective date and could not have transferred benefits prior to retiring as required by law.

The Post-9/11 GI Bill became effective 1 August 2009.

A complete copy of the NBG/A1 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 6 Oct 17, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of the OPR and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD DETERMINES THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The following members of the Board considered BC-2016-03930 in Executive Session on 22 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	, Panel Chair
	, Member
	, Member

All members voted not to correct the record.  The panel considered the following:

	Exhibit A.  DD Form 149, dated 22 Sep 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1, dated 23 Dec 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 6 Oct 17.

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 BC-2016-03930.