RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04688

	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents.

APPLICANT’S CONTENTIONS

He was never notified that his TEB request was rejected.  He served for seven years after he requested his benefits to be transferred, which far exceeds the four-year retainability requirement.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is currently serving in the Air Force as a master sergeant (E-7). 

The Defense Manpower Data Center (DMDC) records show the applicant applied for TEB on 2 Apr 12.  The application was disapproved and the applicant was notified on 17 Apr 12.  The applicant reapplied on 14 May 12.  The application was disapproved and the applicant notified on 29 May 12.  The applications were disapproved because he did not secure the required retainability or sign and submit the required TEB Statement of Understanding (SOU).

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’s date of separation was 26 May 13.  He did not reenlist until 27 Dec 12, after both applications were disapproved and over seven months outside the application window.

In accordance with AFI 36-2306, Voluntary Education Program, A9.20.1, members must secure retainability and complete a SOU.  The applicant required a service commitment to 1 Apr 16 and 13 May 16 respectively with TEB approval.

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 3 Jan 20 for comment (Exhibit D).  The applicant responded indicating he was never notified of his application’s disapproval on 17 Apr 12 by the MPF or anyone in his chain of command.  He discovered his first application expired via virtual MPF on an automated thread entry.  He then reapplied for TEB on 14 May 12.  He was never notified by his MPF that his application was disapproved nor given a reason for disapproval.  He further states, he retained eight years of service since his application was submitted, which is more than the four years required.  He has served nearly 22 years in the Air Force and set to retire on 29 Feb 2020.

The complete response is at Exhibit E.

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 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-2019-04688 in Executive Session on 25 Feb 20:

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

Exhibit A:	Application, DD Form 149, w/atch, dated 4 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, atchs, dated 6 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 Jan 20.
Exhibit E: Applicant’s response, w/atchs, dated 22 Jan 20. 

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.