RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02478

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

She be allowed to transfer her Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to her eligible dependents.

APPLICANT’S CONTENTIONS

She reenlisted on 30 Jul 20 and submitted her AF Form 901, Reenlistment Eligibility Annex to DD Form 4,  to her servicing FSS for the purpose of TEB and to fulfill her commitment for promotion; however, due to network issues with MilPDS, her reenlistment was not updated until 6 Aug 20.  In addition, she tried on five occasions to submit her TEB application, but received a “THIS PAGE CANNOT BE DISPLAYED” error.  On 6 Aug 2020, she made her sixth attempt and was able to submit her TEB application, but on 7 Aug 20 it was denied, because she did not have four years of retainability. 

In support of her appeal, the applicant provides a letter to the Board; a copy of her DD Form 901; various e-mails that indicate there were issues with MilPDS and associated applications at the time she reenlisted and applied for TEB; and a message from MyPers that states her TEB application was denied due to a High Year of Tenure (HYT) date of 2 Aug 24 making her ineligible to obtain the required four years of retainability.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 22 Jul 20, the applicant signed a Promotion Statement of Understanding, indicating that with acceptance of her promotion to master sergeant (E-7), she would incur a two-year Active Duty Service Commitment (ADSC) and her HYT date would be extended to 24 years of service.

On 30 Jul 20, DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, and AF Form 901, Reenlistment Eligibility Annex to DD Form 4, indicate that the applicant reenlisted to her High Year of Tenure date of 2 Aug 24.  

According to the applicant’s Defense Manpower Data Center (DMDC) record, provided by AFPC/DP3SA, the applicant submitted a TEB request on 6 Aug 20 and on 10 Aug 20, the application was rejected because the applicant could not commit to the required service obligation.  

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

APPLICABLE AUTHORITY

In accordance with AFI 36-2670, Total Force Development: 

6.11.15.1. Eligibility.

6.11.15.1.1. Any member of the Armed Forces (RegAF and/or Selected Reserve) on or after August 1, 2009 who meets Post-9/11 GI Bill eligibility requirements at the time of the member’s request to transfer the entitlement, may do so provided the member meets one of the following:

	6.11.15.1.1.1. Has at least six (6) years of creditable service in the Military Services 	(RegAF and/or Selected Reserve)…from the date of election.

	 6.11.15.1.1.2, Members must be eligible to be retained for four (4) years from the date of 	election and NOT be precluded, prior to approval, by either standard policy (Service or 	Department of Defense) or statute.”  

AIR FORCE EVALUATION

AFPC/DP3SA, recommends denying the application.  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 Defense Manpower Data Center (DMDC) records show that the applicant applied for TEB on 6 Aug 20, but was rejected on 10 Aug 20 because the applicant could not secure the required retainability due to a High Year Tenure (HYT) restriction.  In accordance with AFI 36-2670, Total Force Development, paragraph 6.11.15.1.1.1., members must agree to serve an additional four years from the date of application.   In this regard, the applicant’s HYT is 2 Aug 24 and in order for the applicant to be approved TEB transfer, she would require retainability to 5 Aug 24.  Additionally, since inception of the program, members apply for TEB via milConnect and not the vMPF.
 
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 Oct 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.  In this respect, sufficient evidence has been provided to substantiate there were system errors with MilPDS and associated applications, which could have precluded the applicant from applying prior to 6 Aug 20.  Additionally, the Board notes the applicant reenlisted on 30 Jul 20 and committed to serve to her High Year of Tenure (HYT) date of 2 Aug 24, which covered the four-year service obligation needed for TEB approval.  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 31 July 2020 she elected to transfer her Post-9/11 GI Bill Educational Benefits to her eligible dependents and received an obligation end date of 30 July 2024.

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-2020-02478 in Executive Session on 9 Feb 21:

, 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 11 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atch, dated 9 Oct 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 15 Oct 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.