RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00526

XXX XXXXX 	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His record be corrected to allow his dependents eligibility for the Post 9/11 GI Bill.

APPLICANT’S CONTENTIONS

He fell ill upon his return from supporting the post Hurricane Maria efforts.  He was recommended for a Medical Evaluation Board.  Although his commander recommended that he not be retained, he was.  He was retained with a P3 profile which disqualified him for continued service with the Army unit where he was serving.  His medical condition made it difficult for him to endure and he requested to have his orders curtailed for retirement.  He was reminded about his TEB obligation during the Transition Assistance Program education briefing.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard master sergeant (E-7).

On 21 Nov 16, the applicant completed the Transfer of Education Benefits request that obligated him through 20 Nov 20.  

On 6 Dec 16, he was selected for reenlistment and extended 48 months to transfer Post 9/11 GI Bill benefits.

On 1 Jun 19, he voluntarily retired and was credited with 22 years, 2 months and 20 days of active duty service.

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

APPLICABLE AUTHORITY

According to Title 38 United States Code (USC), Chapter 33, service members are allowed to transfer unused educational benefits to their dependent spouses and children.  Any member of the Armed Forces, active duty or Selected Reserves, officer, or enlisted, who, on or after 1 Aug 09, is eligible for the Post-9/11 GI bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period of in the Armed Forces from the date of election, may transfer unused Post-9/11 benefits to their dependents.  

On 4 Jan 11, the President signed into law the Post-9/11 GI Bill Assistance Improvement Act of 2010.  This change in the law expanded eligibility for the Post-9/11 GI Bill to include full-time active service performed by National Guard members under Title 32 USC “for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or under Section 502(f) for the purpose of responding to a national emergency.”  Qualifying Title 32 service must have been performed on or after 11 Sep 01.

AIR FORCE EVALUATION

NGB/A1PP recommends denying the application.  The applicant’s narrative reason for separation is listed as sufficient service for retirement.  There is no documentation in his military record indicating he was non-selected for retention or submitted a request for separation due to hardship.  The applicant noted that he voluntarily requested to curtail his orders.  

Based on the documentation provided, there is no evidence of an error or injustice because the applicant’s retirement was voluntary.  Had the applicant been non-retained by his unit or had an approved hardship, the waiver request could have been granted.  Since the applicant has an active duty retirement, a change to his narrative reason for separation may cause a debt.  

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 Sep 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1PP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  While the applicant contends he was disqualified from serving with his Army unit, he was not medically precluded from serving in the Air Force and voluntarily requested to curtail his assignment; even as he was reminded of his service commitment.  As noted by NGB/AA1PP, there is no evidence the applicant was non-selected for retention, nor did he request a hardship waiver.  Accordingly, Board finds no error or injustice and recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-00526 in Executive Session on 29 Sep 20 and 25 Nov 20:

, Chair, AFBCMR  
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, 3 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 15 Sep 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.