RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02418

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 dependents.

APPLICANT’S CONTENTIONS

The Veterans Administration (VA) transferred his education benefits from his children back to him because he was not qualified due to an unfulfilled service commitment.  However, he contends that he had completed 26 years of service on 8 Apr 11 and therefore was eligible for TEB with no further service commitment.  

In support of his appeal, the applicant provides a letter from the Manpower Data Center, which indicates that he that he transferred his TEB benefits to his dependents on 11 Mar 11, his transfer was approved on 8 Apr 11 with an obligation end date of 1 Aug 09.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5) awaiting retired pay at age 60.

On 10 Feb 11, according to Reserve Order XX-XXXX, dated 21 Sep 10, the applicant was assigned to the Retired Reserve Section in the grade of lieutenant colonel (O-5). 

On 9 Feb 11, was published and amended Reserve Order XX-XXXX, dated 21 Sep 10, which changed the date he was assigned to the Retired Reserve Section to 1 Jul 11.  

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 granting the application. The applicant was eligible for retirement on 1 Aug 09 when the Post-9/11 GI Bill program was enacted, and requested TEB to his dependents on 11 Mar 11.  The applicant completed one day of active duty on 8 Apr 11, and validated his TEB application in the Benefits for Education Administrative Services Tool (BEAST).

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 7 Sep 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 ARPC/DPAT 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 that on 8 April 2011, his election to transfer his Post-9/11 GI Bill Educational Benefits to his dependents was approved with no additional service commitment. 

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-2021-02418 in Executive Session on 12 Oct 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 26 Mar 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAT, w/atchs, dated 30 Aug 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 7 Sep 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.