RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2018-01784

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:

While on active duty the program was not clearly explained.  He was not informed he needed to allocate one month of benefits to each child while on active duty.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force technical 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 indicating on 2 Aug 13, the applicant submitted a voluntary retirement application under the FY14 Enlisted Temporary Early Retirement Authority (TERA) program, governed by Personnel Services Delivery Memorandum (PSDM) 13-73.  During the retirement application process, Air Force Personnel Center (AFPC) Retirements and Separations Branch personnel informed the applicant via email he needed a TERA Statement of Understanding (SOU).  The applicant submitted the signed SOU on 16 Aug 13.  Item 9 states: 

	I understand if I previously transferred Post-9/11 GI Bill benefits to eligible dependents and I leave the Air Force under this voluntary separation program without completing the associated Active Duty Service Commitment, depending on the force management program under which I’m separated; I may forfeit the transferred benefit, and any benefits that my dependents used may be treated as an overpayment subject to recoupment by the Department of Veterans Affairs (DVA).  I understand I must contact the DVA at 1-888-GIBILL1 (1-888-442-4551) with questions regarding my Post-9/11 GI Bill Transferability.

In addition, the Personnel Services Delivery Memorandum (PSDM) 13-73, attachment 1, item 7 states:

	Airmen who leave the Air Force under this voluntary retirement program without completing their Post-9/11 GI Bill Active Duty Service Commitment forfeit the transferred benefit, and any benefits that dependents used may be treated as an overpayment subject to recoupment by the Department of Veterans Affairs (DVA).  For questions regarding the Post-9/11 GI Bill Transferability, contact the DVA at 1-888-GIBILL1 (1-888-442-4551).

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 17 Aug 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, 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.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2018-01784 in Executive Session on 10 Oct 18:

Vice 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 3 May 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 25 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 17 Aug 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.