RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03441

XXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

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 completed the TEB Statement of Understanding (SOU); however, it was not added to his record due to no fault of his own.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving technical sergeant. 

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 granting the application.  The Defense Manpower Data Center (DMDC) records show the applicant applied for TEB on 29 April 2012.  The application was rejected on 14 May 2012 because the applicant failed to secure retainability and submit the required TEB SOU within the 14-day application period.  The applicant initiated reenlistment on 2 May 2012.  Force Support personnel processed reenlistment actions on 22 May 2012, outside the application period.  

Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice on the part of the Air Force.  Though the applicant received notification of the 14-day application period and initiated reenlistment actions within a timely manner, the applicant’s application expired prior to personnel action updates preventing his ability to complete the required TEB SOU.   

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the Air Force evaluation to the applicant on 11 February 2021 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.  The Board concurs with the rationale and recommendation of AFPC/DP3SA and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 29 April 2012, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents with a subsequent Obligation End Date (OED) of 28 April 2016.

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-2020-03441 in Executive Session on 11 March 2021:

Mr., Panel Chair, AFBCMR
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 24 August 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 12 January 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 11 February 2021.

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.