RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-04928

XXXXXXX	COUNSEL:  NONE

	HEARING:  YES

APPLICANT REQUESTS THAT:

His Montgomery GI Bill (MGIB) be converted to the Post-9/11 GI Bill. 

APPLICANT CONTENDS THAT:

He converted his MGIB to the Post-9/11 GI Bill prior to being medically separated; however, he was working with the Veteran Affairs (VA) and was informed he is not eligible for Post-9/11 GI Bill benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force major who served from 29 May 05 to 27 Apr 16, when he was honorably discharged for disability.  On 8 Jun 05, the applicant completed the DD Form 2366, Montgomery GI Bill Act of 1984 Basic Enrollment.  On 25 Aug 14, the applicant signed the Post 9/11 GI Bill Transfer of Educational Benefits Statement of Understanding.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denying the application because the applicant already converted to and is eligible for the Post-9/11 GI Bill.  To apply for Post-9/11 GI Bill benefits, the applicant must submit VA Form 22-1990, Application for VA Education Benefits, or VA Form 22-1990E, Application for Family Member to Use Transferred Benefits, via the DVA website or by mail.  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 15 Jun 18 for comment (Exhibit D), and the applicant replied via e-mail correspondence on 24 Aug 18, Exhibit E.  In his response, the applicant states the advisory does not address his active duty service commitment (ADSC) of four years for the Post-9/11 GI Bill transfer.  He requests his ADSC be waived due to his medical separation.  

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 not the victim of an error or injustice.  The Board concurs with AFPC/DP3SA that no action is required, based on the information provided and Department of Defense Instruction (DODI) 1341.13, Post-9/11 GI Bill, paragraph 3.g (3), which states, “transferor is also considered to have completed his service agreement as a result of being discharged for a disability….”  The applicant completed the DD Form 2366, Montgomery GI Bill Act of 1984, Basic Enrollment, on 8 Jun 05, signed the Post 9/11 GI Bill Transfer of Educational Benefits Statement of Understanding on 25 Aug 14, where he incurred a four-year active duty service commitment until 4 Aug 18, but then was discharged for disability on 27 Apr 16.  By the terms of the DODI, his ADSC is already satisfied.  Therefore, the Board recommends against correcting the record.

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:

No correction be made to the record of the applicant, who has already satisfied the ADSC he incurred when he transferred his Post-9/11 GI Bill to his dependents.  

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-2017-04928 in Executive Session on 27 Sep 18:

	Panel Chair
	Panel Member
	Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Nov 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 26 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 15 Jun 18.
Exhibit E:	Email Correspondence from Applicant, dated 24 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.