RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01165

XXXXXXXXXXXXXXX	COUNSEL: XXXXXXXXXXXXXXX

  	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be approved for transfer of his Post-9/11 GI Bill benefit to his dependents.  

APPLICANT’S CONTENTIONS

Counsel, on behalf of the applicant, requests his obligation end date be changed or his retirement date be extended for purpose of transfer of education benefit (TEB) of his Post-9/11 GI bill.  At the time of his TEB request, he was on Title 10 active duty orders with an immovable end date of 13 Oct 13.  The approval of his TEB request was in violation of applicable law since he could not fulfill the obligation end date of 13 Dec 13 due to his retirement.  Both of his daughters used the TEB and incurred a debt from Department of Veterans Affairs (DVA).  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force major (O-4).  

The applicant performed a period of active duty from 4 Aug 05 to 31 Oct 13.  He retired in the grade of major effective 1 Nov 13 with 20 years and 20 days of active duty service.  His narrative reason for separation shows “Vol Retirement: Maximum Service or Time in Grade.”

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.  The applicant has qualifying service for Post-9/11 benefits and an approved TEB application.  It is reasonable to believe the applicant intended to satisfy the TEB requirement and would have continued to serve and fulfill his obligation end date, had he not been forced to retire due to reaching maximum service or time in grade.  

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 2 Oct 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 counsel’s contentions.   In this respect, the Board notes it is reasonable to conclude the applicant would have fulfilled his obligation end date for TEB had it not been for his retirement for maximum years of service for his grade of major.  Therefore, the Board recommends correcting the applicant’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 APPLICANT be corrected to show on 14 Dec 10, 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 13 Oct 13.  

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-2020-01165 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, undated.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, dated 21 Sep 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 2 Oct 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings related to Docket Number BC-2020-01165, as required by AFI 36-2603, paragraph 4.11.9.