RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00239

XXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be allowed to transfer 36 months of Post 9/11 GI Bill educational benefits from one dependent to another.

APPLICANT’S CONTENTIONS

Prior to his separation, he was not informed that in order to transfer months to different dependents after retirement, one month must be obligated to each dependent while he was still serving.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard master sergeant (E-7).

On 16 May 14, the applicant was notified of Non-Retention in the Air National Guard.

On 30 Sep 14, the applicant was discharged from the Air National Guard, per Special Order             XXXXX, dated 2 Oct 14.

On 1 Oct 14, the applicant was transferred to the Retired Reserve, per Reserve Order XXXXX, dated 16 Sep 14.

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

APPLICABLE AUTHORITY

Department of Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bill, 31 May 13, Enclosure 3.
3. Transferability of Unused Education Benefits to Family Members.
a. Eligible Individuals. 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 to transfer that entitlement under this section, may transfer that entitlement provided he or she meets one of these conditions:
(1) Has at least 6 years of service in the Military Services (active duty or Selected Reserve), NOAA Corps, or PHS on the date of approval and agrees to serve 4 additional years in the Military Services, NOAA Corps, or PHS from the date of election.
e. Designation of Transferee. An individual transferring an entitlement to educational assistance under this section shall, through notification to the Secretary concerned as specified in paragraph 3.i. of this enclosure: 
(1) Designate the family member or members to whom such entitlement is being transferred. 
(2) Designate the number of months of such entitlement to be transferred to each family member. 
(3) Specify the period for which the transfer shall be effective for each family member. The effective period must be on or after the date of designation.
f. Time for Transfer, Revocation, and Modification 
(1) Time for Transfer. An individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement to the individual’s family member only while serving in the Military Services (active duty or Selected Reserve.), NOAA Corps, or PHS. An individual may not add family members after retirement or separation from the Uniformed Services.

AFI 36-2306, Voluntary Education Program, dated 13 Aug 10, Attachment 9.
A9.18. Transferability of unused benefits to dependents. 
A9.18.1. Eligibility. 
A9.18.1.1. Any member of the Armed Forces (active duty and/or Selected Reserve) who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance: 
A9.18.1.2. 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 in the Air Force from the date of request, regardless of the number of months transferred, or 
A9.18.1.3. Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either Air Force policy, DoD policy or statute from committing to 4 additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute, or
A9.18.1.4. Is or becomes retirement eligible during the period from 1 Aug 09 through 1 Aug 12 and agrees to serve the additional period, if any, specified below. For the purposes of this paragraph, a member is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed under title 10 U.S.C § 12732. Use whichever computation establishes 20 years, regardless of which component the member is assigned to at the time of electing to transfer benefits.  
A9.18.2. Eligible Family Members. 
A9.18.2.1. A member approved to transfer unused Post-9/11 GI Bill benefits may transfer to: 
A9.18.2.1.2. one or more of the member’s children. 
A9.18.2.4. A family member must be enrolled in DEERS at the time of transfer to receive transferred entitlement. 
A9.18.6. Designation of Transferee. A member transferring an entitlement to educational assistance under this section shall: 
A9.18.6.1. Designate the dependent or dependents to whom such entitlement is being transferred; 
A9.18.6.2. Designate the number of months of such entitlement to be transferred to each dependent; and 
A9.18.6.3. Specify the period for which the transfer shall be effective for each dependent. 
A9.18.7. Time for Transfer, Revocation, and Modification. 
A9.18.7.1. Time for Transfer. A member approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed. 
A9.18.7.2. Modification or Revocation. 
A9.18.7.2.1. A member transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. 
A9.18.7.2.2. A member may add new dependents, modify entitlement for existing dependents, or revoke entitlement while serving in the Armed Forces. 
A9.18.7.2.3. A Veteran may modify entitlement or revoke entitlement among only those dependents who were designated to receive transferred benefits prior to separating from the Armed Forces. Veterans who transferred entitlement prior to separating or retiring from the Armed Forces may not add new dependents after separation or retirement. 
A9.18.7.2.4. The modification or revocation of the transfer of entitlement under this paragraph shall be made by submitting notice of the action to both the Air Force via the Transferability of Educational Benefits (TEB) website and the Secretary of Veterans Affairs as determined by the DVA. After separation or retirement, modifications or revocations must be done through the DVA.
A9.18.8.6. A member who separates or is released from Armed Forces prior to completion of an agreed upon additional service commitment will have their transfer of benefits revoked by the DVA. Benefits already used by a dependent will be recouped by the DVA. However: 
A9.18.8.6.1. If the Airman was a member of the active component, the Airman may join a Selected Reserve unit and regain the authority to transfer benefits if the Airman agrees to serve at least the remaining length of time which was not served under the original agreement. 
A9.18.8.6.2. If the Airman was in a Selected Reserve unit, that Airman may join the active component and regain the authority to transfer benefits if the Airman agrees to serve at least the remaining length of time which was not served under the original agreement. 
A9.18.9. Transfer of Benefits Procedures. All requests and transactions will be completed through the TEB Web application at https://www.dmdc.osd.mil/TEB/. Airmen are responsible for correcting inaccurate information. Airmen may request certification of Post-9/11 GI Bill eligibility from the DVA’s website prior to requesting to transfer of benefits.

AIR FORCE EVALUATION

NGB/A1Y recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is not enough evidence of an error or injustice.  The applicant was provided a Non-Selective Retention letter 3 months before he requested to transfer his benefits.  On 5 Aug 14, the applicant originally requested his Post 9/11 Transfer of Benefit (TEB) in MilConnect, with a service obligation of 4 Aug 18.  On 2 Oct 14, he retired, 3 years, 10 months and 2 days before his service obligation end date.  The applicant did not have the retainability on the date of election; therefore, he was not eligible to TEB.  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 29 Mar 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not 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 not 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 does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2021-00239 in Executive Session on 15 Jun 21:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Dec 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, dated 17 Mar 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 29 Mar 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.