RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01441

	COUNSEL: NONE

	HEARING: YES

APPLICANT’S REQUEST.  He be allowed to accomplish a Post-9/11 GI Bill transfer of education benefits (TEB) to his dependents.

APPLICANT’S CONTENTION.  Prior to leaving active duty, he completed the necessary paperwork to TEB. While the records show his request was denied, he was told he had to retire and his application for TEB would be granted.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant is a retired Air Force captain (O3E).  He retired on 1 Dec 10 with 20 years and 11 days active service for retirement.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFPC/DP3SA recommends denying the application.  The applicant was not eligible for TEB since he had an approved retirement date and could not secure the required two-year retainability.

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 20 Nov 90.  Based on his TAFMSD, he would have incurred a two-year Active Duty Service Commitment (ADSC) with TEB approval.  On 31 Mar 10, the applicant applied for retirement with an effective date of 1 Dec 10.  He applied for TEB on 27 Apr 10.  His retirement application was approved on 4 May 10.  On 12 May 10, his TEB application was denied because he could not secure the required retainability due to having an approved date for retirement.

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 7 Feb 18 for comment (Exhibit D), but has received no response.  

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with AFPC/DP3SA and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

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.

THE BOARD RECOMMENDS:  The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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 AFBCMR Docket Number BC-2017-01139 in Executive Session on 5 Apr 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 6 Mar 17, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP3SA, dated 5 Feb 18, w/atchs.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 7 Feb 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.