RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02085

	COUNSEL:  NONE
	
	HEARING:  YES

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be retroactively approved effective 22 Sep 12, the date of his original request.

APPLICANT CONTENDS THAT:

He currently has over 16 years Total Active Federal Military Service.  At the time he submitted his TEB application, he had eight years left until retirement eligible.  He was not aware his original TEB request was rejected until he attempted to allocate benefits to his dependent.  Upon contacting Air Force Personnel Center (AFPC), they verified his original application submission and his eligibility; however, no Statement of Understanding (SOU) was found.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an active duty Air Force Major.  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.  When the applicant applied for TEB on the MilConnect website, he received a message that notified him of the requirement to complete an AF Form 4406, Statement of Understanding.  He was further informed he would receive an email on this subject within 72 hours, and if he did not receive the email, he was to contact the Total Force Service Center (TFSC).  There is no record the applicant contacted the TFSC in 2012.  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 13 Feb 18 for comment (Exhibit D), and the applicant replied on 28 Feb 18.  In his response, the applicant contended he did not receive the notification email due to his Army email address, and since he met all the qualifications for TEB and had an existing service commitment, his failure to complete the SOU was just an administrative oversight.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was 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 the rationale and recommendation of 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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

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.

The application was adjudicated without a personal appearance.

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-2017-02085 in Executive Session on 27 Mar 18:

	, Panel Chair
	, Member
	, Member

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

Exhibit A:	Application, DD Form 149, dated 17 Apr 17.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atch, dated 11 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 13 Feb 18.
Exhibit E:	Letter, Applicant Rebuttal, w/atch, dated 28 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.