RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01536

XXXXXXXXXX	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

The Post-9/11 GI Bill is a benefit that both him and his wife paid into and served many years on active duty to acquire.  The reenlistment to attain the active duty service commitment was made in May 2014 to obtain the benefit.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force 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

AFPC/DP3SA recommends denying the application.  The Defense Manpower Data Center records show the applicant applied for TEB on 19 March 2014.  The application was rejected on 24 April 2014 because he did not secure the required retainability.  The initial notification of application receipt was sent on 20 March 2014 advising the applicant to complete application requirements within 30 calendar days.  Additionally, a 15-day reminder was sent on 4 April 2014.  Lastly, a notification of application expiration was sent on 24 April 2014. 

On 25 April 2014, the applicant initiated reenlistment actions via DD Form 4, Enlistment Reenlistment Document Armed Forces of the United States.  After an audit of the applicant’s record, Total Force Service Center personnel sent an additional notification on 8 May 2014 again notifying him the 19 March 2014 application had expired and reapplication was required.  There is no record in the DMDC system the applicant applied for TEB after 19 March 2014.  The applicant reenlisted on 8 May 2014 and signed a TEB Statement of Understanding (SOU) on 23 June 2014, both outside the application period.

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 and complete the required SOU within the application period.  Additionally, the applicant was notified by Total Force Service Center personnel on three occasions of the requirement to secure retainability and submit the SOU.

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 15 September 2020 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 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-2020-01536 in Executive Session on 12 January 2021:

, Panel Chair, 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 April 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 4 May 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 15 September 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.