RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00652

PATRICK S. RICE	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill transfer of education benefits (TEB) to his dependent daughter. 

APPLICANT CONTENDS THAT:

He was never briefed he needed to give each dependent at least one month of his GI Bill for them to be eligible.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force lieutenant colonel.  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 did transfer education benefits to his son, on 16 Sep 09, and incurred a one-year service obligation.  The applicant separated from the Air National Guard (ANG) on 31 May 16, with a retirement date of 1 Jun 16, thereby fulfilling the service commitment.  Moreover, the applicant could have transferred education benefits to his daughter as well by simply designating months to be transferred to her at the time of his original TEB request.  The applicant’s TEB request occurred very soon after the implementation of the program, and accurate information had not been disseminated thoroughly.  The Recruiting and Retention Manager (RRM) for the applicant’s former unit, indicates she was not in the position at the time of the applicants retirement.  The RRM was unable to provide any insight to any counseling that may have taken place and conducted a thorough review of files that did not produce any documents pertaining to the applicant’s TEB request.  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 22 Aug 18 for comment (Exhibit D), and the applicant replied on 28 Aug 18 requesting to expedite his case.  The applicant’s response is at Exhibit E.  

THE BOARD CONCLUDES THAT:

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 the rationale and recommendation of NGB/A1Y and finds that a preponderance of the evidence substantiates the applicant’s contentions.  The applicant could have transferred education benefits to his daughter by simply designating months to be transferred to her at the time of his original TEB request.  His TEB request occurred very soon after the implementation of the program, and accurate information had not been disseminated thoroughly.  Regarding the form of relief, the Board notes that the current action should not be allowed to disturb the previous transfer of partial benefits to the applicant’s son, who has already used a portion of the entitlement.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

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 16 September 2009 he transferred his Post-9/11 GI Bill education benefits to 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 Docket Number BC-2017-00652 in Executive Session on 6 Sep 18:

Mr. Clifford D. Tompkins, Panel Chair
Ms. Julie A. Hogan, Panel Member
Mr. John M. Piva, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 2 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, w/atch, dated 15 Feb 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 22 Aug 18.
	Exhibit E:  Email Correspondence, dated 28 Aug 18.
Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.