RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02617 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill educational benefits to his dependents. APPLICANT CONTENDS THAT: He never signed any paperwork to award his dependents a percentage of the Transfer of Education Benefits (TEB). He does not have a copy of his out-processing checklist; however, a copy should be in his personnel records. After retirement, he appealed to the Department of Veterans Affairs (DVA) to get the Post 9/11 GI Bill; however, his appeal was denied. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: On 8 May 1995, the applicant reenlisted in the Air National Guard. On 31 October 2010, the applicant was relieved from active duty and retired, effective 1 November 2010. He was credited with 22 years, 7 months, and 27 days of active service for retirement. - Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she meets one of these conditions: - Has at least 6 years of service in the Military Services (active duty or Selected Reserve), National Oceanic and Atmospheric Administration Commissioned Officer Corps (NOAA) Corps, or Commissioned Corps of the Public Health Service (PHS) on the date of approval and agrees to serve 4 additional years in the Military Services, NOAA Corps, or PHS from the date of election. - Has at least 10 years of service in the Military Services (active duty or Selected Reserve), NOAA Corps, or PHS on the date of approval, is precluded by either standard policy (Service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute. - Is or becomes retirement eligible during the period from 1 August 2009, through 31 July 2012, and agrees to serve the additional period, if any, specified in the following subparagraphs. A Service member is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed pursuant to Title 10, United States Code (USC) § 12732. This subparagraph will no longer be in effect on 1 August 2013, and on or after that date all members must comply with subparagraphs above to be eligible for transfer of unused education benefits to family members. - For individuals eligible for retirement on 1 August 2009, no additional service is required. - For individuals eligible for retirement after 1 August 2009, and before 1 August 2010, 1 year of additional service is required. - For individuals eligible for retirement on or after 1 August 2010, and before 1 August 2011, 2 years of additional service is required. AIR FORCE EVALUATION: NGB/A1Y recommends denial. A1Y notes the applicant did not transfer his Post 9/11 benefits prior to his retirement as defined in the governing law and policy. Based on a review of the available information from the applicant’s former unit, briefings to unit members started at the program’s inception. In addition, in Sep 09, a representative from the Department of Veterans Affairs (DVA) came to the unit and gave a briefing and answered questions. The complete A1Y evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states it was his understanding that he was not entitled to the Post 911 GI Bill and that once he separated the DVA would handle all aspects of the 9/11 GI Bill for him. So after he separated, the first thing he did was to request his education benefits. The first time he was denied the benefits, he appealed and it was not until 2012 that he was actually granted the 9/11 GI Bill, but not the TEB portion. If he had the opportunity, why would he not have signed over his GI Bill to his dependents? He believes his situation is unique because he was on Active Duty for Special Workdays (ADSW) (Title 10) orders for 12 years and the interpretation of policies was handled differently because of his orders and there were lots of times that benefits didn't apply to him like other Regular active duty members. The applicant’s complete response, with attachment, is at Exhibit E. 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 injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. While we note the comments of NGB/A1Y indicating that relief should be denied because the applicant’s records contain no documentation substantiating his contentions that he was not properly briefed, a majority of the Board disagrees with this assessment. In this respect, we note based on the evidence of record, because of the applicant’s status as an Air National Guardsman and the limited information of the program during the time of his retirement, a majority of the Board believes more likely than not, the applicant was not properly advised of this entitlement. Further, the Board’s majority concludes that had the applicant been properly advised of this entitlement it is unreasonable to believe that he would not have secured such an important benefit for his family’s future. Therefore, a majority of 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 our understanding of the issues 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 31 October 2010, he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependents. The following members of the Board considered AFBCMR Docket Number BC-2014-02617 in Executive Session on 11 May 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member By a majority vote, the Board voted to correct the records as recommended. ------ voted to deny, but does not wish to submit a Minority Report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Jun 14, w/atch. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, NGB/A1Y, dated 27 Aug 14. Exhibit D. Letter, SAF/MRBR, dated 4 Nov 14. Exhibit E. Letter, Applicant, dated 17 Nov 14, w/atch.