RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00313
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He retired from the Alaska Air National Guard on 1 Feb 2010 as a
Title 32 full time guard member. During the time the Post-
9/11 GI Bill came into effect, Title 32 members were not
eligible due to an oversight by the Department of Defense.
Subsequently, there was a change to the bill which made Title 32
members eligible for the education benefits. The change did not
take effect until 1 Oct 2011. Because he did not become
eligible until after he retired, he has not been able to
transfer his benefits to his dependent.
In support of his request, the applicant provides copies of his
Department of Veterans Affairs (DVA) Certificate of Eligibility
and DD Form 214, Certificate of Release or Discharge from Active
Duty.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Post-9/11 GI Bill Transferability: Any member of the Armed
Forces (active duty or Selected Reserve, officer or enlisted) on
or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air National Guard. Accordingly, there is no need to recite
these facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/AlY recommends approval. A1Y states that at the time the
program became effective, active duty service under Title 32 USC
502 (f) Active Guard Reserve (AGR) was not qualified for the
Post-9/11 GI Bill. However, on 4 Jan 2011, the President signed
Public Law lll-377, Post-9/11 Veterans Educational Assistance
Improvements Act of 2010. This law changed the original Post-
9/11 GI Bill to include AGR service from 11 Sep 2001 to present,
with an effective date retroactive back to 1 Aug 2009. A1Y
recommends his records be corrected to show that he transferred
his benefits to his dependent on 1 Jan 2010
The complete A1Y evaluation, with attachment, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 8 Mar 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit C).
________________________________________________________________
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. After a
thorough review of the evidence of record and the applicantÂ’s
complete submission, we believe it is in the interest of justice
to recommend granting the requested relief. Therefore, we agree
with the opinion and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for
our conclusion the applicant has been the victim of an error or
injustice. Accordingly, we recommend his records be corrected
as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on 1 Jan
2010, he elected to transfer his Post-9/11 GI Bill Educational
Benefits to his dependents.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 24 Sep 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered in AFBCMR BC-2013-
00313:
Exhibit A. DD Form 149, dated 10 Jan 2013, w/atchs.
Exhibit B. Letter, NGB/A1Y, dated 27 Feb 2013, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 8 Mar 2013.
Panel Chair
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