RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02037

	COUNSEL: 

	HEARING: YES

APPLICANT’S REQUEST.  He be allowed to accomplish a Post-9/11 GI Bill transfer of education benefits (TEB) to his dependents.

APPLICANT’S CONTENTION.  He completed the necessary paperwork online in 2011 for TEB.  He assumed the transfer was complete since he did not receive any notification that he needed to provide more information.  In January 2017, three years after his initial transfer, he found out his TEB request had been rejected on 18 Dec 14.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant is a retired Air National Guard chief master sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  NGB/A1 recommends granting the application noting the applicant may not have been aware of procedures and requirements due to the location of his assignment at the time of his TEB request and retirement.

The Post 9/11 GI Bill became effective on 1 Aug 09.  Service members with TEB approval must agree to serve a four-year service commitment.  If the applicant’s TEB request had been approved, he would not have incurred a service obligation due to his time in service.

The Department of Veterans Affairs (DVA), the Department of Defense (DoD) and the Military Services widely publicized the Post-9/11 GI Bill and the transferability feature.  DoD developed a special website, hosted by Defense Manpower Data Center (DMDC), to facilitate the transfer of educational benefits.  The ANG used Recruiting and Retention Managers (RRMs) to disseminate information regarding the TEB to unit members.  The RRM is required to give Post 9/11 GI Bill and TEB program briefings, as well as, advertising the programs via internal media and communication tools.

On 14 Jul 11, the applicant initiated a TEB request via MilConnect.  On 18 Dec 14, his request was rejected due to lack of supporting documentation for approval.

The MilConnect website provides service members with a service component specific message when initiating a Post 9/11 GI Bill Transfer of Education Benefits (TEB) request.  The message states, “Traditional Guardsmen and Active Guard Reserves (AGRs) must visit their Wing Retention Office to complete a Post 9/11 GI Bill Statement of Understanding (SOU)”. The completed SOU and proof of Post 9/11 GI Bill eligibility are then forwarded to NGB/A1Y as source documents for the approval process. 

The applicant at the time of his TEB request was assigned to the Virginia ANG and was geographically separated from the wing.  The wing RRM provides TEB support.  There were no records found or located within NGB/A1Y concerning the applicant’s transfer request. 

The applicant retired from the ANG on 31 Mar 15. 

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 29 Dec 17 (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/A1 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 14 July 2011 he transferred his Post 9/11 GI Bill benefits to his dependents, and his election was accepted with no further service obligation.

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-2017-02037 in Executive Session on 21 Jun 18:

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

Exhibit A: Applicant’s application, DD Form 149, dated 17 Apr 17, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, NGB/A1, dated 30 Oct 17, w/atch.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 29 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.