RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01104

XXXX X. XXXX	COUNSEL: NONE
	
		HEARING REQUESTED:NO	

APPLICANT’S REQUEST

Post 9/11 GI Bill transfer of educational benefits (TEB) to his dependents be approved.

APPLICANT’S CONTENTIONS

He did not receive proper counseling or assistance from his Education office, Military Personnel Flight (MPF), or myPers regarding TEB.  He was the only Air Force member assigned to a XXXX in XXXX, with the closest MPF in another country.  He did not receive notification of the TEB program until he was stationed at XXXX Air Force Base in Oct 10, where he began the TEB application process.  He did not submit his completed TEB application because he learned he would incur an Active Duty Service Commitment (ADSC), which would extend him well past 20 years of active duty service and possibly another Permanent Change of Station (PCS).  If he had received proper notification of the TEB in 2009 like his peers, he would not have incurred an ADSC past his planned 20 year service.  He requests TEB approval effective 2009 to allow completion of the ADSC before his effective retirement date.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 31 Oct 13, as noted in Special Order No. XXXX dated 17 Jan 13, the applicant retired in the grade of lieutenant colonel (O-5) and is credited with 20 years, three months, and 25 days of service.

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

APPLICABLE AUTHORITY/GUIDANCE

Directive-Type Memorandum (DTM) 09-003: Post 9/11 GI Bill, Incorporating Change 1
Attachment 2, 3.a.(1) : Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election, or

AFI 36-2306, Voluntary Education Program, dated 13 Aug 10, Attachment 9.
A9.18. Transferability of unused benefits to dependents. 
A9.18.1. Eligibility.
A9.18.1.2. Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve 4 additional years in the Air Force from the date of request, regardless of the number of months transferred, or 
A9.18.1.4. Is or becomes retirement eligible during the period from 1 Aug 09 through 1 Aug 12 and agrees to serve the additional period, if any, specified below. For the purposes of this paragraph, a member is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed under title 10 U.S.C § 12732. Use whichever computation establishes 20 years, regardless of which component the member is assigned to at the time of electing to transfer benefits.  

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  Defense Manpower Data Center records show the applicant applied for TEB on 5 Mar 11.  The application was rejected on 22 Mar 11, because the applicant failed to complete and submit the required TEB Statement of Understanding (SOU).  In accordance with Directive-Type Memorandum (DTM) 09-003: Post 9/11 GI Bill, Incorporating Change 1, Attachment 2, 3.a.(1) and AFI 36-2306, Voluntary Education Program, A9.18.1.2 and A9.20.1.4, members must agree to serve four additional years from the date of application and complete the TEB SOU.  On 1 Nov 12, Air Force Personnel Center technicians conducted an audit of the applicant’s record and sent notification that reapplication was required to secure TEB approval.

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 applicant failed to complete and submit the required TEB SOU.  Additionally, he acknowledges he did not complete the TEB application because the service obligation would extend past 20 years of active duty service.

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 6 Jul 21 for comment          (Exhibit D), and the applicant replied on 30 Jul 21.  In his response, the applicant contended excerpts from his initial application was taken out of context to support the advisory’s OPR recommendation.  In Mar 21, he received an e-mail originating from the XXXX AFB MPF explaining how he may request administrative correction for TEBs.  The message explained that “upon inception of the program, members may have experienced issues with the application process including but not limited to:

• Improper counseling or assistance by Education Office, Military Personnel Flight or myPers - Total Force Service Center personnel
• Failure to receive notification of application requirements or expiration/disapproval
• Failure to complete the application process
• Failure to submit an application via milConnect”

Additionally, the message included the following statement:  “If your TEB application is in disapproved/rejected status because you did not complete and submit the required TEB SOU and you submitted your application anytime from inception of the program through the end of calendar year 2013, submit a request for administrative correction.”

He is applying for this administrative correction due to issues he had with the application process.  These issues include improper counseling or assistance by Education Office and MPF and the failure to receive notification of application requirements, which resulted in a failure to complete the application process.

His TEB application is in rejected status due to not submitting the required TEB SOU within the application period in 2011.  The SOU was not completed because he did not receive proper/timely counseling or assistance from the MPF or Education Office in 2009.  He was notified of the TEB in late 2010, nearly two years after the TEB program enacted.  He completed the online application process up to the point where he had to accept the four year ADSC.  At that point, he was already two years away from retirement.  If he accepted the ADSC, he would have been obligated to at least 22 years in service and another PCS for him and his family.  However, if he was told about the TEB in 2009 like the others in his commissioning year group, he would have completed the entire process and accepted the four-year ADSC, which would have taken him to 20 years in service and allowed for a 2013 retirement date.  He was not notified of the TEB in 2009 like everyone else in the Air Force, and this is the point that is not fair and where he solicits the Board for help to arrive at a just resolution.

The applicant’s complete response is at Exhibit E.

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/DP3SP against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board recognizes that in 2009, the Post-9/11 GI Bill TEB program was still being introduced and a lot of confusion surrounded the procedures for executing a transfer of benefits.  Furthermore, during that time, the applicant was assigned to XXXX in XXXX and it wasn’t until his permanent change of station in Oct 2010 that he received notification of the TEB program.  As such, the Board finds it reasonable that had the applicant been properly counseled in 2009, he would have submitted a timely SOU and had sufficient retainability to fulfill his ADSC prior to his retirement date on 1 Nov 13.  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 October 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 October 2013. 

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-2021-01104 in Executive Session on 12 Oct 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/atch, dated 7 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 17 Jun 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 6 Jul 21.
Exhibit E:	Applicant’s Response, w/atchs, dated 30 Jul 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.