RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00401

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents.

APPLICANT’S CONTENTIONS

He was counseled in early 2018 that he was eligible to transfer his benefits to his dependents.  
He took the necessary steps to complete the process and provide the required documentation.  His application and supporting documents were submitted, reviewed, and approved by the National Guard Bureau (NGB), which indicated to him that he would be allowed to serve the required amount of time to retain benefits.  He is now being told that he will not be allowed to retain his benefits because of reaching his MSD due to turning age 60.  His daughter is currently using these benefits and would incur over $18,000 in debt if these benefits were revoked.  He has done everything that was asked of him in entering and holding to this agreement.  He believes it would be unjust for the service not to honor the agreement.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air National Guard technical sergeant (E-6).

In accordance with NGB Form 22, Report of Separation and Record of Service, the applicant was honorably discharged from the KY Air National Guard effective 16 March 2021 and transferred to the USAFR effective 17 March 2021.  He served 20 years, 11 months and 27 days total service for retired pay.

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. DoDI 1341.13, May 31, 2013, Incorporating Change 1 on July 12, 2018, para 3a.(2), authorizes the member to transfer his Post 9/11 GI Bill Benefit, without committing to additional service beyond the maximum amount of time allowed by such policy or statute.

The applicant originally requested his TEB in MilConnect on 15 September 2018 with a service obligation of 14 September 2022. The applicant reached his mandatory separation date for age 60 on 27 March 2021, but was required to be retired on 17 March 2021, 10 days before his mandatory service obligation end date. 

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 12 April 2021 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.  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 15 September 2018, he elected and was approved to transfer his Post 9/11 GI Bill Educational Benefits to his dependents with a subsequent Obligation End Date (OED) of 15 March 2021.

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-2021-00401 in Executive Session on 20 July 2021:

Mr. , Panel Chair, AFBCMR
Mr., Panel Member
Mr. , Panel Member

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

Exhibit A:	Application, DD Form 149, dated 29 January 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, dated 7 April 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 April 2021.

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.