RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02860

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

She be approved for transfer of her Post-9/11 GI Bill benefits to her dependents.  

APPLICANT’S CONTENTIONS

The transfer of education benefit (TEB) was not transposed from the Air National Guard (ANG) to the Air Force Reserve Command (AFRC).  

In 2013, while serving in the ANG she converted her Montgomery GI Bill (MGIB) to the Post-9/11 GI Bill and was approved for TEB.  In 2017, she was informed there was no record.  She submitted her original application and the Veterans Affairs (VA) Certificate of Eligibility to ARPC Education Benefits.  However, upon review at her new unit in Feb 20, there is still no record of her TEB.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve lieutenant colonel (O-5). 

The applicant provides her Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding dated 29 Apr 13.  

Per Special Order P-000719 dated 18 Nov 16, the applicant was discharged from the ANG effective 12 Nov 16 and assigned to the Air Force Reserve effective 14 Nov 16.  

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

AIR FORCE EVALUATION

ARPC/DPAT recommends approval.  The applicant qualified for the TEB in 2013 per her DD Form 214, Certificate of Release or Discharge from Active Duty.  The ANG in the MyPers correspondence states her application was overlooked.  Furthermore, the denial by ARPC in the same correspondence was incorrect.  The TEB Reserve Commitment (RSC) of 4 years is fulfilled by service in the Select Reserves with no break in service.  An unsatisfactory year will not invalidate an RSC, as long as the member is not separated.  

As per the Directive-Type Memorandum (DTM) 09-003: Post-9/11 GI Bill dated 22 Jun 09, at the time of original application:
a.	 Eligible Individuals:  Any member of the Armed Forces on or after 1 Aug 09, who at   
the time of the approval of the request to transfer entitlement to educational assistance under this section, is eligible for the Post-0/11 GI Bill and:
(1)	Has at least 6 years of service in the Armed Forces (active duty/and or Selected 
Reserve) on the date of election and agrees to serve 4 additional years from the date of election.   

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 17 Apr 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 ARPC/DPAT and finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board finds the evidence shows the applicant was approved for TEB while serving in the ANG.  However, due to an administrative error, her records upon transfer to the Air Force Reserve did not reflect her TEB approval.  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 29 Apr 13, she elected and was approved to transfer her Post-9/11 GI Bill Educational Benefits to her dependents with a service obligation end date of 28 Apr 17.  

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-2020-02860 in Executive Session on 11 May 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 21 Jul 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAT, w/atchs, dated 4 Feb 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 17 Apr 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.