RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01867

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

He requested a transfer of benefits in 2016.  He was immediately deployed thereafter, and it took a few months to reenlist.  When he was able to locate a computer, he submitted the SOU.  He acquired retainability and submitted the correct documentation, which took longer than 30 days.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving technical sergeant (E-6).

On 19 March 2016, via DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, the applicant reenlisted in the Air Force with 5 years and 5 months of previous service.  

The Defense Manpower Data Center records show the applicant applied for TEB on 19 November 2016.  The application was denied on 28 December 2016 because the applicant did not sign and submit the required TEB Statement of Understanding (SOU).  

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 applicant deployed from January 2016 to June 2016.  He reenlisted on 19 March 2016 and his date of separation on the date of application was 19 March 2022.  He signed and submitted the TEB SOU on 30 March 2017.  In accordance with AFI 36-2649_AFGM2016-01, Voluntary Education Program (A13.20.1.5), members must complete and submit the TEB SOU within 30 days of the Total Force Service Center (TFSC) Initial Notification.  A TFSC myPers Initial Notification was sent to the applicant on 28 November 2016.  In addition, a 15-day reminder notification was sent on 13 December 2016 and an SOU reminder with required SOU attached was sent on 19 December 2016.  A final reminder was sent on 23 December 2016.  The application expired on 28 December 2016. 

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.  Records indicate the applicant’s deployment did not affect the application as the deployment ended five months prior to the applicant’s request.  The applicant did not complete and submit 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 21 July 2020 for comment (Exhibit D).  The applicant responded indicating on 19 October 2010, he entered the Air Force with a six-year service obligation.  On 19 March 2016, he incurred another service commitment of five years and five months.  He was required to delay the TEB until 20 October 2016 because he had not completed his six years of service.  Shortly after, he was tasked with a short notice deployment to Germany on 17 November 2016.  While deployed he did not have constant access to a computer capable of completing the process.  In March, after he signed the SOU, he assumed the transfer went through because he had the correct retainability and signed SOU and the website to apply stated “You successfully completed your Transfer of Education Benefits (TEB) application and signed the TEB Statement of Understanding (SOU) on 30 March 2017. Completion of a second on-line SOU is not authorized.”  The pertinent facts and analysis provided by AFPC in the memorandum dated 18 June 2020 provides misinformation and an inaccurate understanding of the facts.  Although AFPC asserts his deployment earlier in the year did not have an effect on his ability to complete the associated administrative tasks, his deployment during the period at issue did affect his TEB.  

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.  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 applicant states and the Board agrees that his deployment during the period at issue did affect the timely processing of his TEB.  The demands of preparing for deployment are often hectic and completing administrative actions can exceed normal processing time.  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 19 November 2016, he elected and was approved to transfer his Post 9/11 GI Bill Educational Benefits to his dependents.

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-2020-01867 in Executive Session on 15 September 2020:

Mr., Panel Chair
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 5 May 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 18 June 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 21 July 2020.
Exhibit E:	Applicant Response, dated 19 Aug 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.