RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-04502

XXXXXXXX	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill transfer of education benefits (TEB) to his dependent.  

APPLICANT CONTENDS THAT:

He believed he transferred from the Montgomery GI Bill to the Post- 9/11 GI Bill during his out-processing for retirement.  The applicant states in early May 2017 he contacted the Department of Veterans Affairs and was informed he did not transfer his benefits for himself or his dependent and this should have been completed prior to his retirement date.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force major who served from 27 May 82 to 31 May 12.  

On 10 Sep 09 and again on 25 Aug 10, the Commander, Eleventh Air Force, notified the applicant he was not selected for promotion to the grade of lieutenant colonel.  However, the applicant was selected for continuation on active duty and offered the opportunity to remain on active duty until reaching 24 years active commissioned service.  Nonetheless, the applicant elected voluntary retirement, which was effective 1 Jun 12.

At the time of the applicant’s separation, Department of Defense policy on TEB provided that any member of the Armed Forces meeting the eligibility criteria could transfer education benefits to one or more family members.  The relevant criteria included that the member “has at least 10 years of service in the Armed Forces … is precluded by either standard policy (Service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.”  Directive-Type Memorandum (DTM) 09-003: Post-9/11 GI Bill, Attachment 2, Paragraph 3.a.(2), dated 14 Sep 11.

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.  There is no record in the Defense Manpower Data Center (DMDC) the member applied for TEB.  Without a request, eligibility for the program could not be established, as DODI 1341.13 (3.a.) and AFI 36-2649, Voluntary Education Program (A13.18.9.3), cite the date of request as the date on which the appropriate service obligation would be applied.  In accordance with AFI 36-2649 (A13.18.9), members must apply via the DMDC TEB website.  Based on member’s Total Active Federal Military Service Date (27 May 1992), he would have incurred a three-year active duty service commitment with TEB approval.  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 6 Jun 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.  In addition, the Board does not believe the applicant qualifies for relief by equitable application of DTM 09-003: Post-9/11 GI Bill, Attachment 2, Paragraph 3.a.(2), because he was offered but declined the chance to continue until 24 years of service.  As a result, the applicant was not precluded by policy or statute from committing to the additional service.  Therefore, the Board recommends against correcting the applicant’s records.

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.

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-2017-04502 in Executive Session on 13 Sep 18:

Panel Chair 
Panel Member
Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 9 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 6 Jun 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.