RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04377

	COUNSEL: NONE

	HEARING: YES

APPLICANT’S REQUEST.  His record be corrected to reflect full restoration of his Post-9/11 GI Bill Transfer of Benefits (TEB) to his dependents.

APPLICANT’S CONTENTION.  The applicant states he established satisfactory active duty service periods from 11 Sep 01 until 1 Jan 13, and met the requirement for TEB to his dependents.    Prior to his retirement, he contacted the education office and was assured that all benefits were in place and all actions complete.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  According to Special Order P-003706 dated 31 Jan 13, on 
31 Dec 12, the applicant was honorably discharged from the Nevada Air National Guard (NV ANG), and transferred to the Air Force Reserve in the grade of Lieutenant Colonel.  On 1 Jan 13, the applicant reached his Mandatory Separation Date (MSD) and served the maximum amount of time allowed fulfilling the active duty service commitment (ADSC) obligation for TEB approval.  For more information, see the excerpt of the service member’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  NGB/A1Y recommends granting the application, indicating the applicant has qualifying service for Post 9/11 G.I. Bill eligibility.  On 23 Aug 12, the applicant initiated his TEB.  Any service obligation incurred would have been negated by his MSD retirement.  At the time of transfer, the applicant was not considered a Traditional Guardsman or Active Guard Reserve (AGR) and did not have a Wing Retention Office where he would have completed the necessary Statement of Understanding (SOU) to complete the TEB.  As such, it is plausible that his education office mistakenly informed him that he completed all the necessary actions to transfer his benefits, as the office did not have ANG approval procedures and/or authority.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 25 Sep 17 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1. The application was timely filed.  

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 error and injustice.  The Board concurs with 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 our understanding of the issues involved.

THE BOARD RECOMMENDS: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 23 Aug 12 he elected to transfer his Post-9/11 GI Bill Educational Benefits to all of his eligible dependents.

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 AFBCMR Docket Number BC-2016-04377 in Executive Session on 15 Mar 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 28 Oct 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, NGB/A1Y, dated 5 Jul 17, w/atchs.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 25 Sep 17.

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