RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04682

	COUNSEL: NONE
	
	 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Statement of Understanding (SOU) be backdated to allow him a Transfer of Education Benefits (TEB) to his dependents.

APPLICANT’S CONTENTIONS

In 2014, he requested a transfer of his benefits to his dependents but was informed by personnel at his Military Personnel Flight (MPF) that he was not eligible due to high year tenure (HYT).  He reapplied in Aug 16 and was denied.  In Sep 16, he applied for an extension for the purpose of transferring his benefits.  He submitted the percentages of disbursement prior to his extension paperwork being completed and was told that there was nothing else he needed to do.  He did not sign the Statement of Understanding (SOU) because there was confusion regarding the documents (date).  He was under the impression that the benefits had been transferred.  He currently would not be on active duty if it was not for the TEB – this is the only reason he applied for an extension.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is currently serving on active duty in the grade of master sergeant (E-7).

Defense Manpower Data Center (DMDC) records reflect the applicant applied for TEB on 8 Aug 16.  The application was denied on 8 Sep 16 due to the applicant not securing the required retainability for TEB approval.  The applicant was notified on 9 Aug 16, 24 Aug 16, 3 Sep 16 and 8 Sep 16 of the requirement to secure retainability and complete the SOU via the Virtual Military Personnel Flight or his application would be denied.

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.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice on the part of the Air Force.  The applicant did not secure retainability or complete the required TEB SOU.  In accordance with AFI 36-2649, Voluntary Education Program, A13.20.1, members must secure retainability and complete/submit a TEB SOU within the 30-day application period.

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 10 Dec 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was 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 the victim of an error or injustice.  While the Board notes the recommendation of AFPC/DP3SA against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board notes the applicant extended his enlistment for the purpose of the TEB and is currently serving on this extension.  Additionally, the Board does not find it reasonable that he would have knowingly elected not to sign the SOU in order to ensure he retained this entitlement for his dependents.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 8 Aug 16, he elected to transfer his Post 9/11 GI Bill Education Benefits to his dependents.

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-2019-04682 in Executive Session on 14 Jan 20:

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 9 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 6 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 10 Dec 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.