RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03249 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 G.I. Bill benefits to his dependent (daughter). _________________________________________________________________ APPLICANT CONTENDS THAT: He was not offered the option to transfer his Post-9/11 G.I. Bill benefits to his daughter. He does not know what office notifies retiring military personnel of the option to transfer educational benefits and is not sure when the educational benefits began. Because of his injuries he had multiple surgeries and was not able to participate in the Transition Assistance Program (TAP) before he retired on 31 May 10. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air National Guard on 31 May 10 in the grade of master sergeant. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1Y recommends approval. Public Law 111-377, Post-9/11 Veterans Educational Assistance Improvements Act of 2010, was implemented that changed the original Post-9/11 G.I. Bill to include Active Guard Reserve (AGR) retroactive to 1 Aug 09. Further, the applicant’s retention manager advised him to apply for the Post-9/11 G.I. Bill benefit even though the AGR service had not been approved as qualifying. The complete NGB/A1Y evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Nov 12 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 error or injustice. We note the steps the Air National Guard took indicates they tried to inform eligible personnel of this new benefit; however, it appears that through no fault of the applicant he was not timely made aware of his eligibility and the steps necessary to transfer his benefits to his dependents. Based on the evidence of record and the recommendation provided by the NGB/A1Y, we find it reasonable to believe that had he been properly briefed on the TEB, he would have requested a transfer of his education benefits before he retired. Consequently, we find the evidence provided sufficient to grant the requested relief. Therefore, we recommend the applicant’s record be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 May 2010, he elected to transfer his Post-9/11 G.I. Bill Educational Benefits to his dependent. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03249 in Executive Session on 27 Mar 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence for Docket Number BC-2012-03249 was considered: Exhibit A. DD Form 149, dated 10 Jul 12, w/atchs. Exhibit B. Letter, NGB/A1Y, dated 4 Oct 12. Exhibit C. Letter, SAF/MRBR, dated 9 Nov 12. Panel Chair