RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00603

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

Little was known about the program when he retired and it was not briefed that he could transfer his benefits before retirement.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard chief master sergeant (E-9).  The applicant served 29 year, 4 months and 18 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.  Based on the documentation provided by the applicant and analysis of the facts, there is enough evidence of an error in the counseling process that resulted in the applicant not knowing he could have transfer his benefits before retirement without an obligation. The Post 9/11 GI Bill program became effective 1 August 2009 along with the TEB to dependents.  Any service member on or after 1 August 2009, who is entitled to the Post 9/11 GI Bill at the time of the approval of his or her request may transfer that entitlement.  For individuals eligible for retirement on 1 August 2009, no additional service is required.  The applicant was retirement eligible on 1 August 2009 and had the required time for the Post 9/11 benefit before this 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 20 May 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 29 September 2010, he elected and was approved to transfer his Post 9/11 GI Bill Educational Benefits to his eligible dependents.
 
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-2021-00603 in Executive Session on 15 June 2021:

, Panel Chair, AFBCMR
, 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 19 September 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, dated 11 May 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 May 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.