RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04127

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents.

APPLICANT’S CONTENTIONS

At the time of his transfer request, his commander told him that he would be allowed to reenlist for another year to give him enough time to fulfill his obligation.  In Sep of 2018, he was told he had to retire at the end of his current enlistment making him not able to finish his obligation for the transfer of his education benefits to his daughters.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard master sergeant (E-7).  He served 30 years, 1 month and 28 days total service for retired pay.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

NGB recommends granting the application.  The applicant transferred education benefits to his dependents on 23 Feb 16 and incurred a service obligation of four years ending 22 Feb 20.  He completed and signed a Post 9/11 TEB Statement of Understanding (SOU) acknowledging the four-year obligation as required in accordance with DoDI 1341.13.  The applicant retired on 31 Mar 19 prior to reaching his obligation end date. 

NGB/A1Y inquired with the Retention Office Manager at the applicant’s unit with a request to provide any relevant information pertaining to the applicant’s Post 9/11 GI Bill transfer request, his retirement and/or information pertaining to the 2019 Selective Retention Review Board (SRRB).  The Retention Office Manager provided a memorandum from the applicant’s previous commander stating that the applicant was non-retained, although it was not through the SRRB.  The applicant’s previous command also stated, “Unfortunately, due to mission circumstances outside of his control, I had to non-retain him earlier than planned to fill mobilization requirements in support of the Global War on Terror.”

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 16 Apr 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1Y and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 23 Feb 16, he elected to transfer his Post 9/11 GI Bill Education Benefits to his dependents with a subsequent Obligation End Date (OED) of 30 Mar 19.

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-2019-04127 in Executive Session on 12 May 20 and 15 May 20:

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

Exhibit A:	Application, DD Form 149, w/atch, dated 15 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, w/atchs, dated 19 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 16 Apr 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9, for Docket Number BC-2019-04127.