RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04737

	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 dependent and it reflect a transfer effective four years prior to his current ETS of 6 Feb 22.

APPLICANT’S CONTENTIONS

He was aware that he required four years of retainability to transfer his benefits; however, he was unable to reenlist to obtain that retainability due to his ongoing medical case that only allows extensions.  He was injured in Afghanistan and has been stuck in the medical clearance process for three years at no fault of his own.  The law changed while he was in a code 37 (no points no pay status).  Without the opportunity to obtain the four years of retainability, his application for benefits was denied.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

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

AIR FORCE EVALUATION

ARPC/DPTT recommends denying the application.  On 13 Apr 19, the applicant applied for TEB and was disapproved for not being able to obtain the four years retainability.  The applicant had contacted Education Services via myPers incident 190621-003483, addressing the situation that prevents him from meeting the four-year retainability requirement.  In 2010, the applicant was deployed and suffered a knee injury.  The knee injury required several surgeries and on 3 Nov 15, he was placed on a code 37 which is a no pay, no points status.  Due to the applicant still undergoing a medical review, he is unable to reenlist or extend. 

He was not fit for duty and was undergoing a Medical Evaluation Board (MEB) which renders him ineligible according to DoDI 1341.13, Enclosure 3, Paragraph (1)(a) “Members who have not applied for TEB, who are on limited duty or involved in a Medical Evaluation Board, Physical Evaluation Board, or Disability Evaluation System process must wait until the process is complete before applying. If found fit for duty, the Service member will comply with the standard TEB application procedure.”

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 21 Feb 20 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT 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-2019-04737 in Executive Session on 17 Mar 20:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 21 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Advisory opinion, ARPC/DPTT, dated 3 Jan 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 21 Feb 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.