RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03086

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill education benefits (TEB) to his eligible dependents. 

APPLICANT’S CONTENTIONS

In 2011, while serving in the Wisconsin Air National Guard (ANG) on Air Sovereignty Alert orders, he requested a transfer of my educational benefits; however, it wasn’t until he retired several years later that he discovered his request was denied because he needed to provide copies of his orders.   Furthermore, because his base commander barred him from base for eight months until his retirement was complete, he was never allowed to attend a TAPS class and was denied any retirement counseling.  When he finally received a phone call informing him that his retirement was complete, he asked if all of his benefits were intact and he was told, “Yes.”   I was not allowed to visit with the personnel who council members on their retirement. My base commander barred me from base until my retirement was complete. 

In support of his appeal, the applicant provides a copy of his Post 9-11 GI Bill Statement of Understanding, dated, and copies of his various active duty orders.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant retired from the Air National Guard (ANG) in the pay grade of major (O-4).  

On 18 Jul 11, according to Post 9/11 G.I. Bill Transfer of Educational Benefits Statement of Understanding (SOU) and provided by the applicant, he elected to transfer his educational benefits to his dependents.  

According to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant completed a period of active duty service from 1 May 10 to 31 Aug 12.  According to Block 12h, Initial Entry Training, he initially entered the Armed forces on 14 May 90.  Based on this date, the applicant would have been eligible for retirement on 15 May 10 and therefore would have incurred one-year of additional service from the date of an approved TEB transfer. 

On 1 Oct 12, according to Special Order Number AA-0281, dated 17 Jan 14, the applicant was relieved from his reserve assignment and retired.  

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.  On 3 Apr 11, the applicant originally requested his Post 9/11 Transfer of Benefits in MilConnect and signed a Statement of Understanding with the Retention Office Manager; however, at that time he did not supply the additional documentation needed to show that he was eligible for the transfer and therefore his application was not approved.  Based on the documents recently provided by the applicant NGB/A1Y has verified that his TEB should have been approved with a one-year service obligation, which he fulfilled prior to his retirement.  

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 25 Feb 21 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 the applicant’s contentions.  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 that on 3 April 2011, he elected and was approved to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents with an obligation end date of 2 April 2012.

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-2020-03086 in Executive Session on 6 Apr 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 30 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, dated 1 Feb 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 25 Feb 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.