RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01499

	COUNSEL: NONE

	HEARING: YES

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

APPLICANT’S CONTENTION.  At the time of her retirement in March 2009, she was unaware that the option to transfer education benefits would becoming available in August 2009.  She believes she should be grandfathered in for the Post-9/11 education benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant initially entered the Regular Air Force on 13 Oct 87.  She retired on 1 Mar 09 in the grade of master sergeant.  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 noting the applicant was not serving in the Armed Forces when the TEB program was activated.  The TEB was activated effective 1 Aug 09.  Per the governing instructions service members are eligible to transfer education benefits if their service in the Armed Forces was on or after 1 Aug 09.  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 14 Mar 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 record.

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 that the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; 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-2017-01499 in Executive Session on 1 May 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 7 Mar 17.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP3SA, dated 29 Jan 18.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 14 Mar 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.