ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04820

XXXXXXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill education benefits to his dependents.

RESUME OF THE CASE

The applicant is a retired Air Force lieutenant colonel (O-5).  On 21 Aug 14, the Board considered and denied his request for transfer of his Post 9/11 GI Bill education benefits to his dependents, finding that the applicant had provided insufficient evidence of an error or injustice to justify relief.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit F.

On 24 Sep 19, the applicant requested reconsideration.  He again contends that in Aug 13 while conducting his retirement out-processing, he learned from the Department of Veterans Affairs (VA) that his records did not indicate a transfer of his Post 9/11 GI Bill benefits to his dependents, which he had made in 2011.  He was informed the record did not reflect that he had elected to transfer his educational benefits to his dependents within the required timeframe.  He was told that he should have received confirmation in 2011 that the election was made and was then asked if he had received guidance or a briefing regarding the process.  While he had heard of the program in general, he was never briefed on the process and had only heard about the open season from a friend.  He is resubmitting his request for reconsideration based on the fact that he did not receive adequate and timely counseling.  Additionally, he was not briefed about the need to transfer his benefits while serving until he received his retirement out-processing in late 2013.  As new evidence, the applicant provides a signed and notarized affidavit from a former co-worker stating in part that she was present when the applicant transferred his G.I. Bill educational benefits to his dependents.

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

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  Based on documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice on the part of the Air Force.  The Defense Manpower Data Center shows no record the applicant applied for Transfer of Education Benefits; therefore, eligibility could not be established.

The complete advisory opinion is at Exhibit H.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 4 Dec 19 for comment  (Exhibit I), and the applicant replied on 2 Feb 20.  In his response, the applicant contends that AFPC/DP3SA did not indicate that the notarized affidavit from his former co-worker was considered in their review.  He is again requesting to personally appear before the Board and to be allowed to bring witnesses.  It is obvious that his veracity as a 24-year veteran was never considered as evidence.

The applicant’s complete response is at Exhibit J.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2013-04820-2 in Executive Session on 3 Jun 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit F:	Record of Proceedings, w/ Exhibits A-E, dated 2 Oct 14.
Exhibit G:	Application, DD Form 149, w/atchs, dated 24 Sep 19.
Exhibit H:	Advisory opinion, AFPC/DP3SA, dated 9 Oct 19.
Exhibit I:	Notification of advisory, SAF/MRBC to applicant, dated 4 Dec 19.
Exhibit J:	Applicant’s response, dated 2 Feb 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2013-04820-2, as required by AFI 36-2603, paragraph 4.11.9.