RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00919

XXXXXXXXXXXX	COUNSEL: NONE
	(DECEASED)

XXXXXXXXXXXX 	HEARING REQUESTED: YES
	(APPLICANT)

APPLICANT’S REQUEST

Her deceased’s husband’s record be corrected to show he was approved for transfer of his Post-9/11 GI Bill benefit to his dependents prior to his death.  

APPLICANT’S CONTENTIONS

He was in the process of requesting transfer of education benefits (TEB) for his dependents.  His multiple attempts were not processed due to a system failure.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is the spouse of a deceased Air National Guard (ANG) lieutenant colonel (O-5).

The applicant provides a death certificate, which shows the former service member’s date of death as 9 Nov 19.  

She provides a letter of support from the unit retention manager dated 8 Dec 19, which states she counseled the former service member on at least six occasions regarding his TEB application and that he had difficulties connecting to MilConnect to submit his application.   

His DD Form 214, Certificate of Release or Discharge from Active Duty, for the period of 15 Jul 18 to 3 Mar 19, shows he served 7 months and 19 days of active duty service for the period.    

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

APPLICABLE AUTHORITY

DODI 1341.13, Post-9/11 GI Bill, Enclosure 3, Transferability of Unused Education Benefits to Family Members, Members must be eligible to be retained for 4 years from the date of election and not be precluded, prior to approval, by either standard policy or statute.   

AIR FORCE EVALUATION

NGB/A1Y recommends approval.  They contacted the Defense Manpower and Data Center (DMDC) to determine if there was any evidence the applicant attempted to complete a TEB request in MilConnect and there was no indication he logged into MilConnect and submitted a request.  However, based on his records, it is apparent he has qualifying service and was eligible to apply to the Department of Veterans Affairs (DVA) for the Post 9/11 benefits but can find no record for proof he has the 9/11 benefits to transfer.  

Historically, countless members have voiced legitimate complaints about the system used to transfer the benefits preventing them from successfully doing so.  It is reasonable to believe the former service member attempted to transfer the benefits but was unsuccessful.  Therefore, it is determined he has the Post 9/11 benefits to transfer and NGB/A1YR recommends the Board approve the applicant’s request.  

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 1 Oct 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 former service member 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.  In this respect, the Board finds the letter provided by the unit retention manager dated 8 Dec 19 reasonable to conclude he attempted to apply for TEB prior to his death; however, was unable to complete the application due to system errors beyond his control.  The Board further notes the former service member completed the required qualifying service and was eligible to apply for TEB and find it reasonable he would have been approved for TEB if not for his untimely death.  Therefore, the Board recommends correcting the former service member’s records as indicated below.

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 pertinent military records of the Department of the Air Force relating to the FORMER SERVICE MEMBER be corrected to show on 8 Nov 19, he elected and was approved to transfer his Post-9/11 GI Bill Educational Benefits to all of his eligible dependents with an obligation end date of 8 Nov 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-2020-00919 in Executive Session on 14 Oct 20:

 , Panel Chair
 , Panel Member
 , Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 8 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, dated 24 Sep 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 1 Oct 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.