RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02968

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

When his son submitted the application to transfer education benefits to himself, he was denied by the Department of Veterans Affairs.  During the time the Post 9/11 GI Bill benefit was announced he was stationed at an Army Post, and was not serviced by an Air Force orderly room.  Subsequently, he was not informed he needed to request the benefit and agree to three more years of service.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Regular Air Force master sergeant (E-7).  On 1 Jan 12, he retired with 20 years, 3 months and 21 days of active service.

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

Directive-type Memorandum (DTM) 09-003, Post-9/11 GI Bill, dated 22 Jun 09, Attachment 2.
Paragraph 3.a.(3) Is or becomes retirement eligible during the period from 1 Aug 09 through 1 Aug 13, and agrees to serve the additional period, if any, specified in paragraphs 3.a.(3)(a) though 3.a.(3)(e).
3.a.(3)(e) For those individuals eligible for retirement on or after 1 Aug 11 and before 1 Aug 12, 3 years of additional service is required.
3.g. Time for Transfer, Revocation, and Modification.
3.g.(1) Time for Transfer. An individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement to the individual’s family member only while serving as a member of the Armed Forces.
3.i. Procedures. All requests and transactions for individuals who remain in the Armed Forces will be completed through the Transferability of Educational Benefits Web application at https://www.dmdc.osd.mil/TEB/. The TEB Users Manual will provide instruction for enrollment; verification; and additions, changes, and revocations. Modifications or revocations after separation from the Armed Forces will be accomplished with the Department of Veterans Affairs.

AFI 36-2306, Voluntary Education Program, dated 13 Aug 10, Attachment 9.
A9.18. Transferability of unused benefits to dependents.
A9.18.1.4.5. For those members eligible for retirement after 1 Aug 11, and on or before 1 Aug 12, three years of additional service from the date of request is required.
A9.18.7.1. Time for Transfer. A member approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.
A9.18.9. Transfer of Benefits Procedures. All requests and transactions will be completed through the TEB Web application at https://www.dmdc.osd.mil/TEB/. Airmen are responsible for correcting inaccurate information. Airmen may request certification of Post-9/11 GI Bill eligibility from the DVA’s website prior to requesting to transfer of benefits.
A9.18.9.3. Once certifying officials have approved a request to transfer benefits, Airmen may print a hard copy of the certified TEB request for their personal records. Additional service commitments will be recorded in the appropriate personnel system(s). Additional service commitments resulting from transferring unused Post-9/11 GI Bill benefits begin on the date of request and are served concurrent with any other additional service commitment in effect at the time of the transfer or incurred at any time after the request to transfer benefits. Transfer of Post-9/11 GI Bill benefits, in and of itself, will not limit any other reenlistment option or incentive to which a member may be eligible.

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 DTM 09-003 and AFI 36-2306, members must apply via the Defense Manpower Data Center (DMDC) TEB website while on active duty.  However, the DMDC website shows no record the applicant applied for TEB.  Without a request, eligibility for the program could not be established.  Furthermore, DTM 09-003 and AFI 36-2306, cite the date of request as the date on which the appropriate service obligation would be applied.  Subsequently, based on the applicant’s Total Active Federal Military Service Date of 10 Sep 91, he would have incurred a 3-year service obligation with TEB approval.  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 8 Mar 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 DMDC website shows no record the applicant applied for TEB, nor did the applicant obtain the 3-year service obligation.  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 application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2020-02968 in Executive Session on 11 May 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/atchs, dated 25 Aug 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atch, dated 18 Feb 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 Mar 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2020-02968, as required by AFI 36-2603, paragraph 4.11.9.