RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02164

		COUNSEL:  NONE

		HEARING DESIRED:  YES 


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APPLICANT REQUESTS THAT:

His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependent son.   

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APPLICANT CONTENDS THAT: 

The Retention Manager at his Air National Guard (ANG) Wing never explained the Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to him, and does not have a “letter of understanding” on file signed by the applicant.  He recalls submitting the required information on line to transfer his benefits before his retirement and believed he had successfully transferred his benefits to his son.  

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 15 Feb 12, the applicant retired from the ANG in the grade of Senior Master Sergeant (E-8).  

According to the documentation provided by the applicant, on 12 Apr 12 the Department of Veterans Affairs (DVA) issued him a Certificate of Eligibility for Post-9/11 GI Bill educational benefits.   

The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

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AIR FORCE EVALUATION:

NGB/AIY recommends denial, indicating there is no evidence of an error or injustice.  The Post-9/11 GI Bill program became effective on 1 Aug 09 based on the Post-9/11 Veteran Education Assistance Act of 2008, as a result of Public Law No. 110-252 signed by the President on 30 Jun 08.  Title 38, United States Code (U.S.C)—Veteran’s Benefits [As amended through Public Law 111-5, enacted 17 Feb 09], Chap 33, Post-9/11 Educational Assistance, §3319, paragraph (f)(1) states “Time for Transfer.—Subject to the time limitation for use of entitlement under section 3321 an individual approved for 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.”  

The applicant’s retention manager was contacted and indicated he was on leave when the applicant completed his retirement out-processing and in his absence there was no one qualified to accomplish the Montgomery GI Bill Retirement/Separation Counseling, the applicant did not understand the requirement to transfer his benefits through the TEB website and mistakenly believed his application for eligibility was all he needed to execute the transfer, and the applicant had every intention of transferring his benefit to his son when he applied for the Post-9/11 GI Bill.  Nevertheless, the applicant failed to transfer his benefits prior to his retirement in accordance with DoDI 1341.13, Post-9/11 GI Bill.  

A complete copy of the NGB/AIY evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 Jul 13 for review and comment within 30 days.  In response, the applicant explains that the Retention Manager who was supposed to explain the program to him was on leave when he out processed and there was no other qualified to assist with the transfer process, and he reiterates that he did not fully comprehend the regulations or how to navigate the website in order to properly enroll (Exhibit E).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant contends that he was not properly made aware of his responsibilities to elect to transfer his Post-9/11 GI Bill benefits during his out-processing.  While we note the comments of the Air Force office of primary responsibility indicating the applicant’s assigned retention office manager was unavailable to adequately brief him during his out-processing, we are not convinced this makes him the victim of an injustice.  In this respect, we note that even if he was provided the appropriate briefing, any election to transfer his benefits would have resulted in the obligation to perform four additional years of service, a commitment he could not have fulfilled because he was out-processing for retirement.  Nonetheless, in our view, the applicant could have elected the transfer his benefits as early as 2009 with no additional commitment required as he was retirement eligible at the time.  Therefore, because it is clear that the applicant’s unit has, for whatever reason, been unable to provide appropriate advice to the applicant on his rights and obligations under this important entitlement, we believe it is reasonable to conclude he was not properly advised of his opportunity to take action to transfer his benefits when he could have done so and incurred no additional obligation to serve.  In addition, we do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement.  Therefore, we recommend the records be corrected as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 1 August 2009 he elected to transfer his Post-9/11 GI Bill Educational Benefits.

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The following members of the Board considered AFBCMR Docket Number BC-2013-01708 in Executive Session on 3 Feb 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member



All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01708 was considered:


	Exhibit A.  DD Form 149, dated 30 Apr 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, NGB/A1Y, undated.  
	Exhibit D.  Letter, SAF/MRBR, dated 24 Jul 13.
	Exhibit E.  Letter, Applicant, dated 18 Aug 13. 





                                   
                                   Panel Chair