RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01983

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

In the alternative, his TEB request date be back dated to meet the 4-year retainability requirement.

APPLICANT’S CONTENTIONS

The policy requires at least 6 years of service and an additional 4 years of retainability after request for TEB.  He has served 21 years, and will serve an additional 3 years before he reaches his current high-year-of-tenure (HYT) of 29 Jun 23.  Therefore, he meets the policy requirement to have at least 10 years of service.  While he failed to request TEB with 4 years of retainability, his combined 24 years of service should not prevent his entitlement to the benefit due to his oversite.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a Regular Air Force master sergeant (E-7).

On 29 Jun 99, he entered Active Duty.  His projected Date of Separation is 30 Jun 23.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

Department of Defense policy on TEB provided that any member of the Armed Forces meeting the eligibility criteria could transfer education benefits to one or more family members.  The relevant criteria included that Service members must be eligible to be retained for 4 years from the date of their election to transfer benefits, and not be precluded from serving for 4 (more) years prior to approval of their election by either standard policy (Department or Uniformed Service) or statute.  If there are reasons that preclude a service member from committing to 4 years of service, that service member cannot sign up to transfer their benefits.  Reasons could include a mandatory retirement date, high-year tenure, retention control point, and those who are not medically qualified (Department of Defense Instruction 1341.13, Change 1, Post-9/11 GI Bill). 

AIR FORCE EVALUATION

AFPC/DP3SA, recommends denying the application.  Defense Manpower Data Center records show the applicant applied for TEB on 12 Jun 20.  The application was disapproved on 16 Jun 20 because the applicant could not commit to the required 4 year service commitment due to a HYT restriction of 30 Jun 23.  The applicant required a service commitment to 11 Jun 24 with TEB Approval.  Department of Defense Instruction 1341.13, Change 1, Post-9/11 GI Bill, 12 Jul 18, Enclosure 3, 3.a.(1), removed the 10 year service exception effective 12 Jul 19.  Prior to the effective date of this policy change, service members with 10 years of service could transfer education benefits without serving the required 4 years if preclude by policy or statue with an agreement to serve the maximum time allowed.  Change 1 eliminated the exception and all members requesting a transfer of benefits must commit to an additional 4 years of service assessed from the date of application.  

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 19 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 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.  The applicant required a service commitment to 11 Jun 24, but could not commit to the required 4-year service commitment.  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-2020-01983 in Executive Session on 6 Oct 20:

, 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 19 Jun 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 10 Aug 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, 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.