RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01274 

						COUNSEL:  NONE
          				
                              HEARING DESIRED:  Yes

APPLICANT REQUESTS THAT:

His GI Bill obligation date be changed to his retirement date to restore his GI Bill benefits.

APPLICANT CONTENDS THAT:

There was no due diligence used by his unit ANG Retention Officer to ensure the extension of his reenlistment included the correct required service obligation time for the GIB.  As a result, he fell short by 34 days of meeting this obligation, and his son’s VA claim was denied for his attendance at Villanova.

In January 2012, he learned from the Department of Veterans Affairs (VA) he needed 2½ years of additional service to have the 4 years of retainability needed to transfer his GI Bill benefit to his son.  He contacted his ANG unit to re-enlist to reach 20 years for retirement and to meet the obligation for his GIB benefit.  He reached 20 years in April 2015, and his unit extended him to June 2015 for the GIB requirement.

He retired on 13 Jun 15, but learned in July from the VA his son’s GIB claim was denied because he had not served through 15 Jul 15.  If he had known of the added service needed he would have done whatever he could have to meet the requirement. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 13 Jun 15, the applicant retired from the Air National Guard with 20 years, 2 months and 27 days of service for retired pay.

For more information, see the advisory at Exhibit C. 

AIR FORCE EVALUATION:

NGB/A1Y recommends granting the applicant’s request, indicating there is evidence of an error or an injustice.  The applicant transferred education benefits to his dependents on 16 Jul 11 with a 4-year service obligation, giving him an obligation end date (OED) of 15 Jul 15.  He re-enlisted on 14 Jun 07 for 6 years and then extended an additional 2 years, which gave him an ETS of 13 Jun 15.  The applicant did not extend for enough time to complete the 4-year service obligation; however, contact with the unit’s new Recruiting and Retention Manager determined the GIB Statement of Understanding to transfer educational benefits to dependents cannot be located to show evidence of the applicant’s service obligation completion date.  Additionally, the MGIB Counseling Worksheet does not indicate the length of service obligation.

A complete copy of the NGB/A1Y 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 4 Nov 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 an error and injustice.  After reviewing all exhibits, we agree with the recommendation of NGB/A1Y and adopt its rationale.  The Board finds the applicant’s intent was to meet the retainability requirement of the TEB program; however, through no fault of his own, an administrative error resulted in an extension of his enlistment that fell short of the OED.  Therefore, we recommend 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 11 June 2011 he elected to transfer his Post 9/11 GI Bill education benefits to his dependents, and on 10 June 2015 he met the obligation end date required by the GI Bill Post 9/11 Transfer of Education Benefits program.  

The following members of the Board considered AFBCMR Docket Number BC-2016-01274 in Executive Session on 27 Jun 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01274 was considered:

	Exhibit A.  DD Form 149, dated 24 Feb 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1YX, 20 Oct 16.
	Exhibit D.  Letter, SAF/MRBR, dated 4 Nov 16.
	
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.