RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01788

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be allowed to transfer his educational benefits (TEB) to his dependents.

APPLICANT’S CONTENTIONS

On 30 Dec 16, while deployed, he requested TEB, and reenlistment to obtain retainability for promotion.  Due to the holiday season and loss of network capabilities at the deployed location, his reenlistment date was moved to 3 Feb 17.  On 2 Feb 17, the Virtual Military Personnel Flight (vMPF) system automatically declined his TEB request, which in turn did not allow him to submit a signed TEB Statement of Understanding (SOU).  He should be allowed TEB because he obtained retainability and signed a TEB SOU in 2017, and will complete his 4-year service commitment on 3 Aug 21.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a Regular Air Force chief master sergeant (E-9).

On 3 Feb 17, he reenlisted in the Regular Air Force for a period of 4 years and 6 months. 

On 26 Feb 18, he extended his enlistment entered on 3 Feb 17 for a period of 9 months.

On 30 Jan 20, he extended his enlistment entered on 3 Feb 17 for a period of 1 month.

On 28 Apr 20, he extended his enlistment entered on 3 Feb 17 for a period of 11 months.

On 9 Jun 20, he signed AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding, which was filed in the Automated Records Management System.

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 vMPF application was rejected on 2 Feb 17 because the applicant failed to secure the required retainability, and sign the required TEB SOU, within the 30-day application period.  The TEB SOU he provided with his request is incomplete and reflects an incorrect service commitment date.  Service commitment of 29 Dec 20 was required with TEB approval.  Additionally, the TEB SOU the applicant provided with his request is not posted to his automated record.  Total Force Service Center (TFSC) personnel sent notifications regarding the applicant’s TEB request on 3 Jan 17, 18 Jan 17, 28 Jan 17, 30 Jan 17 and 2 Feb 17.  In accordance with AFI 36-2649, Voluntary Education Program, Paragraph A13.20.1., members must secure retainability and complete the required TEB SOU within the 30-day application period.

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 26 Aug 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.  While the Board notes the recommendation of AFPC/DP3SA against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  
The Board finds the applicant’s contention plausible that due to the holiday season and loss of network capabilities at the deployed location, his reenlistment was pushed to 3 Feb 17, which contributed to his inability to complete the TEB formalities in a timely manner.  Additionally, the applicant’s Reenlistment Eligibility Annex reflects he reenlisted for the purpose of transferring his education benefits.  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 30 December 2016, he elected and was approved to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents with an obligation date of 29 December 2020.

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-2020-01788 in Executive Session on 18 Nov 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 28 May 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 9 Jun 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 26 Aug 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2020-01788, as required by AFI 36-2603, paragraph 4.11.9.