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AF | BCMR | CY2013 | BC-2013-00313
Original file (BC-2013-00313.txt) Auto-classification: Approved
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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