RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02511

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

He submitted forms to allow his Post 9/11 GI Bill benefits to be transferred to his sons, and was advised by a personnel specialist “everything was good to go.”  However, when his oldest son was accepted into college, at the end of 2019, he found out there was no record of the form being submitted.  He was under the impression the form had been processed, and the error in the form not being processed was through no fault of his own.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Regular Air Force technical sergeant (E-6).  He was retired on 1 Sep 09.

The Automated Records Management System (ARMS) does not contain AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding.

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 Instruction (DoDI) 1341.13, Post-9/11 GI Bill, states that an individual may not add family members after retirement or separation from the Uniformed Services.  This document was published on government-hosted websites prior to the effective date of the Post-9/11 GI Bill.  The Department of Veterans Affairs (DVA), the DoD and the Military Services widely publicized the Post-9/11 GI Bill and the transferability feature.  The DoD developed a special website, hosted by the Defense Manpower Data Center (DMDC), to facilitate the transfer of educational benefits.  The website became operational on 27 Jun 09 for the purpose of accepting transfer of benefits applications.

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.  In accordance with Directive Type Memorandum (DTM) 09-003: Post-9/11 GI Bill, all requests for TEB must be submitted via the Defense Manpower Data Center (DMDC) TEB web application while on active duty.  Furthermore, DTM 09-003 cites the date of the request is the date on which the appropriate service obligation would be applied.  The DMDC shows no record the applicant applied for TEB.  Without a request, eligibility for the program could not be established.  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 Feb 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not 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 Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and 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-2020-02511 in Executive Session on 6 Apr 21:

, 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/atch, dated 15 Jun 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 28 Jan 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 26 Feb 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2020-02511, as required by AFI 36-2603, paragraph 4.11.9.