RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00687

XXXXXXXXXX	COUNSEL: NONE
	
		HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill education benefits (TEB) to his eligible dependents.

APPLICANT’S CONTENTIONS

Due to various errors after he returned to the Regular Air Force (REGAF), his 20 year service retirement date which was originally listed as 29 May 11 was erroneously adjusted to 20 Aug 11.  Consequently, this had a huge negative impact on his eligibility for TEB.  The TEB program was established on 1 Aug 09, and based on his original 20 year service date, he should have only been required to have two years of retainability to transfer his benefits; however, he was advised by his education office that because of his new 20 year retirement date he needed three years instead of two.  

He initially separated from active duty in the REGAF on 7 Jul 01 and transferred to the Air Force Reserve (AFR) on 8 Jul 01.  Shortly after his transfer, on 12 Sep 01, he was activated and continued to serve in an active duty status with the AFR until 30 Jun 02.  However, due to an administrative oversight his DD Form 214 for that period reflects a start date of 1 Jan 02, the date his entire unit was placed in an active status.  This in turn caused him to only be credited with 6 month of active duty service, when it should have been closer to 10 months.  He separated from the AFR to reenter active duty with the REGAF on 1 Jul 02, but again due to an administrative error, he had a 7-day break-in-service and did not officially start until 8 Jul 02.  

He was given a directive that he had to retire and did so on 30 Nov 11.  Although he completed two years and four months of service from the start date of the program, he was ineligible for TEB because he couldn’t fulfill the erroneous three year service commitment.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5).

For period of service 29 May 91 through 7 Jul 01 the applicant was issued a DD Form 214, Certificate of Release or Discharge from Active Duty, which shows that the applicant served on active duty in the Regular Air Force and was credited with 10 years, 1 month and 9 days of active duty service.  

On 8 Jul 01, according to AF Form 133, Oath of Office (Military Personnel), the applicant transferred to the Reserve of the Air Force.

For period of service 1 Jan 02 through 30 Jun 02, the applicant was issued a DD Form 214,  which  shows the applicant served on active duty in the Air Force Reserve and was credited with 6 months of active duty service.   

For period of service 8 Jul 02 through 30 Nov 11, the applicant was issued a DD Form 214,  which  shows the applicant served on active duty in the Regular Air Force and was credited with 9 years, 5 months, and 23 days of active duty service.   The narrative reason for his separation was “Voluntary Retirement:  Sufficient Service for Retirement.”  

According to Special Order Number XX-XXXX, the applicant was relieved from active duty on 30 Nov 11 and retired on 1 Dec 11.  He was credited with 20 years, 3 months and 2 days of active service for retirement.

APPLICABLE AUTHORITY/GUIDANCE

In accordance with Directive-Type Memorandum (DTM) 09-003: Post-9/11 GI Bill, dated 22 Jun 09, members are eligible to transfer benefits if their service to the Armed Forces was on or after 1 Aug 09.  If that member became retirement eligible during the period from 1 Aug 09, through a Aug 13 and agreed to serve the additional period, if any, specified in the following subparagraphs before 1 August 2013 (the date that this subparagraph became no longer in effect), then that member was considered to have an approved transfer provided they fulfilled their service commitment:

•	For individuals eligible for retirement on 1 August 2009, no additional service is required.
•	For individuals eligible for retirement after 1 August 2009, and before 1 August 2010, 1 year of additional service is required.
•	For individuals eligible for retirement on or after 1 August 2010, and before 1 August 2011, 2 years of additional service is required.
•	For individuals eligible for retirement on or after 1 August 2011, and before 1 August 2012, 3 years of additional service is required.

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application. There is no evidence of error or injustice on the part of the Air Force, because the Defense Manpower Data Center shows no record the applicant applied for TEB.

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 18 Nov 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 the victim of an error or injustice.  While the Board notes the recommendation of AFPC/DP3SP against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board notes that the applicant’s total active federal military service date (TAFMSD) of 29 Aug 91 is based on the total active duty service the applicant performed and it does not seem to take into account that he served in an active Reserve status for the periods between his active duty service.  Had this been properly considered, and in accordance with Directive-Type Memorandum (DTM) 09-003: Post-9/11 GI Bill, dated 22 Jun 09, the applicant would have had 20 years of active service before 1 Aug 11, and therefore would have only been required two years of additional service with TEB approval.  As such, we find it reasonable to assume that based on his TAFMSD, the applicant was miscounseled by his education office, informed that he required three years of additional service instead of two, and therefore didn’t apply.  Given that at the time the applicant would have applied, the program was still being introduced and there was confusion around the process and procedures, as well as, the applicant’s unique situation where he served for small periods of time in the Reserve, the Board finds sufficient evidence to approve his request.  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 APPLICANT be corrected to show that on 1 August 2009 he elected and was approved to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents with an Obligation End Date of 31 July 2011.  

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-2021-00687 in Executive Session on 11 Jan 22:

, 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 17 Mar 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, w/atchs, dated 16 Apr 21.
	Exhibit D: Notification of Advisory, SAF/MRBC to Applicant, dated 18 Nov 21.

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.