RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02161

	COUNSEL:  NONE
	
	HEARING:  YES

APPLICANT REQUESTS THAT:

1.  She be allowed to transfer her Post-9/11 GI Bill education benefits (TEB) to her dependent son.

2.  Her records be updated to reflect her dependent son was added to the Defense Enrollment Eligibility Reporting System (DEERS) prior to her separation (13 Aug 09). 

APPLICANT CONTENDS THAT:

She never received counseling or any information about the Post-9/11 GI Bill benefit, her eligibility to participate in it or the eligibility requirements.  She never received any notice of counseling that she should have enrolled her child in Defense Enrollment Eligibility Reporting System (DEERS).  She feels that had she been properly informed, she would have continued to serving to attain this benefit and would not have resigned her commission.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served as an Air Force Reserve major.   The applicant’s Total Active Federal Military Service Date (TAFMSD) is 5 Feb 97.  According to documents submitted by the applicant she was sent a Notice of Proposed Action – Elimination from Inactive Status List Reserve Section (ISLRS), on 13 Jul 09.  According to documents submitted by the applicant, the applicant Tendered her resignation in Lieu of Discharge Action, on 28 Jul 09.  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 member was not eligible to transfer her benefits to her son as she was not participating in the Selected Reserve nor was her son an eligible dependent in DEERS.  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 4 May 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

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, the Board concludes 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-2017-02161 in Executive Session on 19 Jul 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 April 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atch, dated 8 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 4 May 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.