RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02071

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be allowed to transfer education benefits (TEB) to his dependents.

APPLICANT’S CONTENTIONS

He is eligible for Post 9/11 GI Bill benefits and have used 17 months and 12 days of his 36 months, leave 18 months and 17 days of eligibility.  On 26 Nov 11, prior to his retirement, he requested to transfer partial benefits to each of his three dependents.  In May 13, through eBenefits he requested to transfer the benefits and was rejected.  In Jun 16, he was advised by a Veteran’s Service Officer to request his records be corrected.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard lieutenant colonel (O-5).  He retired on 1 Dec 11.

The Automated Records Management System (ARMS) does not contain AF Form 4406, 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

NGB/A1Y recommends granting the application.  The Post 9/11 GI Bill program became effective 1 Aug 09 based on the Post 9/11 Veteran Education Assistance Act of 2008, as a result Public Law 110-252.  Transfer of Education Benefits to dependents was included as part of the law.  The Department of Veterans Affairs (DVA), the Department of Defense and the Military Services widely publicized the Post 9/11 GI Bill and the transferability feature.  The Post 9/11 GI Bill is a DVA administered program and eligibility is determined by them.  The Air National Guard is responsible for approving the transfer requests made by its members of these benefits.  The Air National Guard implemented a communication plan, utilizing the Retention Office Managers (ROMs), to serve as liaisons between NGB, Defense Manpower Data Center (DMDC), DVA and the 54 states/territories.  Any Service member on or after 1 Aug 09, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request may transfer that entitlement provided he or she meets the required conditions.  For individuals eligible for retirement before 1 Jul 10, no additional service years are required.

On 26 Nov 11, the applicant submitted a Post 9/11 TEB request in MilConnect and signed a Statement of Understanding.  At that time he was retirement eligible as of 11 Nov 05, therefore no additional service was required.  On 1 Dec 11, the applicant retired.  His TEB request was rejected due to missing proof of eligibility for the Post 9/11 GI Bill Benefit.  On 27 Jul 12, the applicant received a Certificate of Eligibility showing Post 9/11 Eligibility from 1 Aug 92 to 30 Nov 11.  After review it is determined that the applicant had transferred his Post 9/11 before he retired on 1 Dec 11.  He did not have a Certificate of Eligibility at the time of transfer but since then has provided proof of eligibility showing he was eligible before he transferred his benefit.  The applicant completed his Post 9/11 transfer by the 1 Aug 13 deadline and was retirement eligible before 1 Jul 10; therefore, he does not owe any service obligation and should be entitled to the TEB benefit.  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 12 Jan 21 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 on 26 Nov 11, he elected and was approved to transfer his Post 9/11 GI Bill Educational Benefits to his eligible dependents.

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-2020-02071 in Executive Session on 11 Mar 21:

, 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 1 Apr 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, dated 8 Jan 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Jan 21.

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.