RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00628

XXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill education benefits (TEB) to his eligible dependents.

APPLICANT’S CONTENTIONS

He applied for TEB in 2013, his record shows that he extended his enlistment on 17 Jun 13, and on 24 Jun 13 he signed the Statement of Understanding (SOU) for the purpose of transfer.  However, prior to his retirement in 2019, he went into milConnect to adjust the number of months of TEB benefits for his dependents. Upon submitting his request, he was informed that his TEB had been denied because he did not have the required retainability.  After securing the proper retainability and signing the provided SOU one week later, there would have been no reason for a denial.  Furthermore, for the past six years, he has been able to view his approved TEB transfer for his dependents, but due to a system error, his approved benefits no longer show.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired senior master sergeant (E-8).

On 17 Jun 13, AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force (REGAF), shows that the applicant extended his 10 Nov 10 reenlistment for a period of 24 months and new date of separation (DOS) of 9 Jan 17, for the purpose of TEB.   

On 24 Jun 13, the applicant signed the Post 9/11 G.I. Bill Transfer of Educational Benefits Statement of Understanding, acknowledging his eligibility and service obligation. 

On 30 Sep 19, DD Form 214, Certificate of Release or Discharge from Active Duty, shows the applicant was honorably discharged and credited with 22 years, 8 months, and 23 days of active service. 

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 granting the application.  While there is no record in the Defense Manpower Data Center (DMDC) that the applicant applied for TEB in 2013, it does show that he applied on 6 Dec 12.  At that time, the application was rejected because the member did not secure the required retainability and submit the TEB SOU within the 14-day application period.  On 17 Jun 13, the applicant initiated a 24-month extension of enlistment and signed the TEB SOU (dated 24 Jun 13); however, the 6 Dec 20 application expired and he did not reapply for TEB.  Although he did not meet the TEB requirements within the application period, it is feasible that he did not receive notification of application denial and therefore was not aware of the requirement to reapply.  

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 27 Mar 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 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 substantiates the applicant’s contentions.  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 that on December 6, 2012 his application to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents was approved with a service obligation end date of December 5, 2016. 

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-2020-00628 in Executive Session on 12 May 20 and 15 May 20:

	, Panel Chair
	, Panel Member
	, Panel Member:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 5 Feb 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 18 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 27 Mar 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.