RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-01200

  	COUNSEL:  NONE
	
	HEARING:  YES	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He went to the 139th Air Wing (AW), Missouri Air National Guard (MOANG), to inquire about dividing his Post-9/11 GI Bill education benefits.    He was miscounseled regarding the ability to transfer his benefits.  He intended to give 12 months to his wife and the remaining 24 months to his stepdaughter.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force lieutenant colonel.  The applicant’s Total Active Federal Military Service Date (TAFMSD) is 23 Dec 87.  He was assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List via Reserve Order EK-2203, effective 30 Sep 10.   According to the milConnect screenshot, provided by the applicant, he transferred 12 months of benefits to his wife and zero months to his stepdaughter.  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 could have transferred education benefits to his stepdaughter by simply designating months to be transferred to her at the time of his original TEB request.  On 3 Sep 09, the applicant transferred education benefits to his spouse with no service obligation, as he was retirement eligible prior to 1 Aug 09.  

The Recruiting and Retention Manager (RRM) for the applicant’s unit indicates that he was not in the position at the time of his retirement and was unable to locate any documents regarding the applicant’s TEB request.  In addition, he was unable to provide insight to any counseling that may have taken place, though it is his opinion that the applicant was misinformed about the TEB process.

Additionally, the applicant had qualifying service for Post-9/11 benefits, and a previously approved transfer.  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 May 18 for comment (Exhibit C), 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, it is the Board’s opinion that the applicant is the victim of an error or 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.  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 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 3 September 2009, he transferred 12 months of his Post-9/11 GI Bill education benefits to his wife and 24 months to his stepdaughter.

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-2017-01200 in Executive Session on 2 Aug 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 12 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, w/atchs, dated 27 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 May 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.