RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00313 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He retired from the Alaska Air National Guard on 1 Feb 2010 as a Title 32 full time guard member. During the time the Post- 9/11 GI Bill came into effect, Title 32 members were not eligible due to an oversight by the Department of Defense. Subsequently, there was a change to the bill which made Title 32 members eligible for the education benefits. The change did not take effect until 1 Oct 2011. Because he did not become eligible until after he retired, he has not been able to transfer his benefits to his dependent. In support of his request, the applicant provides copies of his Department of Veterans Affairs (DVA) Certificate of Eligibility and DD Form 214, Certificate of Release or Discharge from Active Duty. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Post-9/11 GI Bill Transferability: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air National Guard. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: NGB/AlY recommends approval. A1Y states that at the time the program became effective, active duty service under Title 32 USC 502 (f) Active Guard Reserve (AGR) was not qualified for the Post-9/11 GI Bill. However, on 4 Jan 2011, the President signed Public Law lll-377, Post-9/11 Veterans Educational Assistance Improvements Act of 2010. This law changed the original Post- 9/11 GI Bill to include AGR service from 11 Sep 2001 to present, with an effective date retroactive back to 1 Aug 2009. A1Y recommends his records be corrected to show that he transferred his benefits to his dependent on 1 Jan 2010 The complete A1Y evaluation, with attachment, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 8 Mar 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). ________________________________________________________________ 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. After a thorough review of the evidence of record and the applicant’s complete submission, we believe it is in the interest of justice to recommend granting the requested relief. Therefore, we 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. Accordingly, we recommend his records 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 Jan 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 24 Sep 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered in AFBCMR BC-2013- 00313: Exhibit A. DD Form 149, dated 10 Jan 2013, w/atchs. Exhibit B. Letter, NGB/A1Y, dated 27 Feb 2013, w/atch. Exhibit C. Letter, SAF/MRBR, dated 8 Mar 2013. 2 3