RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01535

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

He was denied the ability to transfer his benefits to his spouse due to a clerical error.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

On 21 November 2019, the applicant was permanently disability retired in the grade of staff sergeant (E-5).

The applicant served 10 years, 11 months and 13 days of active service for retirement. 

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.  Defense Manpower Data Center records show the applicant applied for TEB on 1 August 2018.  The application was denied on 4 September 2018 because he failed to secure the required retainability.  The applicant subsequently applied for TEB on 15 November 2018, 13 March 2019 and 29 October 2019.  All applications were denied because he failed to secure the required retainability.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice on the part of the Air Force.  The Deputy Director of Force Development, HQ USAF/A1D, states the AAC 31 triggered a change in the Military Personnel Data System preventing him from reenlisting.  The Deputy Director further states the applicant was eligible for a waiver of the restriction and acknowledged he received incorrect information during his inquiry.  This miscommunication prevented the applicant from obtaining the required retainability for TEB.  It is feasible to conclude with an approved waiver, the applicant would proceed with the reenlistment and could then secure 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 June 2020 for comment (Exhibit D), and the applicant replied on 5 June 2020.  In his response, the applicant contended he is in agreement with the OPR’s recommendation and he appreciates the time and dedication of the team to help make this correction.  The applicant’s 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 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 on 1 August 2018, he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependents with a subsequent Obligation End Date (OED) of 31 July 2022.

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-2020-01535 in Executive Session on 12 January 2021:

Mr., Panel Chair, AFBCMR
Mr., Panel Member
Mr., Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 April 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atch, dated 28 May 2020.   
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 June 2020.
Exhibit E:	Applicant’s response, dated 5 June 2020.

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.