RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04351

	COUNSEL:  NONE
	
	HEARING:  YES

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 education benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:

Prior to his retirement date, he was never briefed on the Post-9/11 GI Bill transferability rules.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force senior master sergeant.  On 30 Apr 10, the applicant was relieved from active duty and retired, effective 1 May 10.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1Y recommends granting the application by correcting the record to show the applicant transferred his Post-911 GI Bill benefits on a date before his retirement.  While the law required the applicant to transfer benefits while serving in the Military Service, evidence suggests that he was not briefed on Post-9/11 GI Bill benefits due to the infancy of the program and his unique Statutory Tour circumstances.  The complete advisory is at Exhibit C, with clarification of the original recommendation provided at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 13 Apr 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 the victim of an injustice.  The Board concurs with the rationale and recommendation of NGB/A1Y and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 30 July 2010 he transferred his Post-9/11 GI Bill benefits to his dependents, with no service obligation as of that date and having met all eligibility requirements. 

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04351 in Executive Session on 17 May 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 26 Oct 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, w/atchs, dated 28 Jul 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 13 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.