RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04254

	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Transfer of his Post-9/11 GI Bill benefits to his eligible dependent.

APPLICANT’S CONTENTIONS

He was not informed that he had to submit follow-up paperwork when he transferred his educational benefits.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Regular Air Force technical sergeant.

On 24 Jul 13, according to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, he was discharged with a narrative reason for separation of “PHYSICAL STANDARDS” after serving 15 years, 11 months, and 25 days of active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

DODI 1341.13, Enclosure 3, Transferability of Unused Education Benefits to Family Members, members must be eligible to be retained for 4 years from the date of election and not be precluded, prior to approval, by either standard policy or statute.   The service member will be considered to have completed the approved TEB related service agreement if discharged or released with an honorable discharge for a physical or mental condition not the result of misconduct that interfered with the performance of duty.   

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant did not complete the required Statement of Understanding (SOU).  Had the applicant been approved to transfer benefits, he would not have retained those benefits due to being discharged on 24 Jul 13 for failure to meet physical standards.  He contends his spouse is ineligible for GI Bill benefits transferred in 2012.  He further states that he did not receive notification follow-up paperwork was required.  However, the Defense Manpower Data Center (DMDC) records show the applicant applied for TEB on 13 Apr 12 and on 16 Apr 12, he received notification of the application requirements.  In accordance with AFI 36-2306, Voluntary Education Program (A9.20.1.4.), members must complete a SOU.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 9 Oct 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After 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 a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04254 in Executive Session on 12 and 15 May 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 7 Oct 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 9 Oct 19.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9 pertaining to Docket Number BC-2019-04254.