RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02241

RICHARD RENEAU	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill Transfer of Benefits (TEB) be changed to reflect his children’s eligibility and that he gave one month of benefits to each of his dependent children.

APPLICANT CONTENDS THAT:

He signed up for TEB to his dependents in 2009.  He thought he had fulfilled the benefits transfer requirements when he witnessed their names on the MilConnect TEB website.  Furthermore, he states that the out-processing checklist for retirement made no mention of a one-month requirement for each dependent.  Had he known, he would have made the proper allocation at that time.  He further states the TEB website did not inform that he made an “error” by not allocating time to each dependent.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The Post-9/11 GI Bill became effective 1 Aug 09, based the Post-9/11 Veterans Education Assistance Act of 2008, as a result of Public Law (PLAW) No. 110-252 that was signed by the President on 30 Jun 08.  Section 3319 of PLAW 110-52 states, “an individual may transfer such entitlement only while serving as a member of the armed forces when that transfer is executed.”  Armed Forces is defined as active duty or Selected Reserve. In 2009, the applicant, while serving in the Selected Reserve, applied for TEB and incurred a four-year reserve commitment, which he honored.  At the time of application, the applicant only provided a TEB allotment to his spouse.  On 8 Oct 14, the applicant, in the grade of lieutenant colonel, was placed on the USAF Reserve Retired List via Reserve Order EK-3539.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTT recommends denying the application.  At the time he elected TEB, the applicant did not allocate to his children at least one month each of benefits on the TEB website.  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 4 May 18 for comment (Exhibit D), and the applicant replied on 23 May 18.  In his response, the applicant contended that nowhere on the TEB website did it mention that he had to allocate at least one month of benefits to each dependent.  He further states that, due to the confusing website, he thought his children were eligible for TEB since their names were listed on the website.  Additionally, he states the retirement out-processing checklist did not inform him of the requirement to allot time to each dependent.  The applicant’s complete 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.  While the Board notes the comments of ARPC/DPTT indicating relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions that he was not properly informed.  In 2009, when the applicant applied, the program was new.  The Air Force has acknowledged there was some inaccurate information that led to confusion about the new benefit.  Thus, the Board finds it more likely than not that the applicant would have correctly allocated his Post-911 GI Bill benefits if he had been fully informed.  Therefore, the Board recommends the records of the applicant 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 on 1 August 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-2017-02241 in Executive Session on 30 Aug 18.

	Ms. Marcia J. Bachman, Chair Member
	Ricky E. Bennett, Panel Member
	Ms. Sara V. Keller, Panel Member

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

	Exhibit A:  Application, DD Form 149, w/atchs, dated 3 May 17.
	Exhibit B:  Documentary evidence, including relevant excerpts from official records
	Exhibit C:  Advisory opinion, HQ ARPC/DPTT, w/atchs, dated 12 Apr 18.
	Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 4 May 18.
	Exhibit E:  Applicant’s Rebuttal, w/atchs, dated 23 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.