RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-05009

DAVID C. IDE	COUNSEL:  NONE

	HEARING:  YES

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 took the necessary actions to transfer education benefits before December 2011, but the transaction did not go through due to no fault of his own.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force lieutenant colonel who served from 21 May 88 to 31 Mar 12.  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 indicating there is no record in the Defense Manpower Data Center (DMDC) the applicant 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 (A13.20.1.3.), members must apply via the DMDC TEB website.  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 15 Jun 18 for comment (Exhibit D), and the applicant replied on 15 Jul 18.  In his response, the applicant contends disconnected, intermittent, or limited (DIL) bandwidth negatively impacted internet connectivity during his application process.  He also states he is certain he printed his application attempt, (TEB Statement of Understanding and TEB Application).  However, he is unable to produce the documents due to boxes being lost during his retirement move in 2012.  The applicant’s complete response is at Exhibit E.

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 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.  DMDC shows no record the member applied for TEB; therefore, eligibility could not be established.  While it is unfortunate the applicant was not able to provide sufficient documentation to establish his attempted TEB, the Board is bound by precedent not to speculate on the state of the evidence when supporting documentation is available neither from government information systems nor from the applicant himself.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown that a personal appearance with or without counsel would materially add to the Board’s understanding of the case.

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-2017-05009 in Executive Session on 20 Sep 18:

Mr. Clifford D. Thompkins, Panel Chair 
Mr. Ricky L. Bennett, Panel Member
Ms. Gail P. Forest, 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 Nov 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 4 May 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 15 Jun 18.
Exhibit E:	Applicant’s response, w/atchs, dated 15 Jul 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.