RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04834

XXXXXXXXXXXX	COUNSEL:  NONE

	HEARING:  YES

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill education benefits (TEB) to his eligible dependents.

APPLICANT CONTENDS THAT:

His commander forced him to retire prior to reaching the July 2012 service obligation end date (OED) he had incurred with TEB.  He was told that since he was being forced into early retirement, he would retain his TEB benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air National Guard major.  On 20 Jul 11, he transferred education benefits and incurred a 1-year service obligation.  On 1 Jun 12, he was retired with 22 years, 5 months and 18 days of active service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1Y recommends granting the application.  The applicant agreed to the 1-year service obligation, with an OED of 19 Jul 12, but his commander forced him to retire two months prior to fulfilling the obligation.  Thus, his OED should be adjusted under Department of Defense Instruction 1341.13, Enclosure 3, paragraph 3.a.(2).  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 8 Dec 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3. After thoroughly reviewing all Exhibits, the Board concludes that the applicant is the victim of an injustice.  The Board concurs with NGB/A1Y that relief is warranted.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

4.  The applicant has not shown that a personal appearance with or without counsel would materially add to the Board’s understanding of the issues involved.

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 20 May 2011, he elected to transfer his Post-9/11 GI Bill Education Benefits to his eligible dependents, and that he satisfied the associated service obligation on 19 May 2012.

The application was adjudicated without a personal appearance.

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 Docket Number BC-2016-04834 in Executive Session on 27 Sep 18:

	, Panel Chair
	, Panel Member
	, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, dated 9 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 Dec 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.