RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01187

XXXXXXXXXX	COUNSEL: NONE
	
		HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

He applied to transfer Post 9/11 education benefits to his daughter by giving documentation to his administrative section while assigned to his Air National Guard (ANG) unit.  However, the administrative section did not complete the certification portion of the application.  He discovered the oversight when he attempted to transfer the benefit to his daughter in Jul 20.  He contacted the Wing Retention Office and spoke with an NCO who confirmed other unit members had abnormalities with their education benefits.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard lieutenant colonel (O-5) awaiting retired pay at age 60.

On 31 Oct 15, according to Special Order X-XXXXX, dated 02 Feb 16, the applicant was honorably discharged from the ANG, and transferred to the USAFR on 01 Nov 15.

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 member submitted a Transfer of Education Benefits (TEB) application in milConnect on 07 Apr 11.  The member completed the three-year obligation then separated honorably from the ANG and transferred to the Air Force Reserve.

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 15 Jul 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.  The board found the applicant was eligible to transfer education benefits because he submitted a TEB application and completed the three-year obligation prior to separating from the Air National Guard.  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 APPLICANT be corrected to show that on 7 April 2011 he transferred his Post-9/11 GI Bill Educational Benefits to his eligible dependents and on 6 April 2014, he completed the required Active Duty Service Commitment for TEB as required by DODI 1341.13, Post-9/11 GI Bill.  

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-2021-01187 in Executive Session on 14 Sep 21 and 15 Mar 22:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 29 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, dated 07 Jul 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 15 Jul 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.