RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01708

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 dependents.

APPLICANT’S CONTENTIONS

He reenlisted in 2015 to TEB to his dependents, and submitted a statement of understanding (SOU) with his reenlistment documents.  He was instructed by the base Force Support Section (FSS) to correct and resubmit his reenlistment documents, and believes SOU was lost when the corrected reenlistment documents were submitted.  He recently discovered the SOU was not processed while reviewing his records in preparation to retire.  The applicant is requesting his original intention to TEB to his dependents be considered and the correction be updated, because he is projected to retire on 1 Jan 22 and will not have the required 4 year retainability.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force master sergeant (E-7).

On 1 Jul 15, according to AF Form 901, Reenlistment Eligibility Annex to DD Form 4, the applicant selected “Yes” in section D; “The reason for this reenlistment is to qualify for transferability of the Post 9/11 GI Bill”.

On 17 Jul 15, according to DD Form 4/1, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant reenlisted in the Regular Air Force for four years, and fifteen months.

On 31 Dec 21, according to Special Order AC-002670, dated 7 Jan 21, the applicant will be released from active service and retired effective 1 Jan 22.

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 denying the application.  The applicant states he completed an SOU which he submitted with his reenlistment documents in Jul 15.  However, the Defense Manpower Data Center (DMDC) shows no record of a request in 2015.  The applicant reapplied for TEB on 17 Jun 19 and 7 Apr 21.  DMDC reflects that both applications were rejected on 5 Aug 19 and 29 Apr 21 because the applicant did not secure the required retainability for the 17 Jun 19  application and could not secure retainability for the 7 Apr 21 application due to an approved retirement, effective 1 Jan 22.  Additionally, TEB applications are submitted online via the DMDC website, and the FSS were not authorized to accept paper TEB applications or the TEB SOU.

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 15 Sep 21 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 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.  Therefore, the Board 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-2021-01708 in Executive Session on 2 Nov 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 07 May 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 26 Jul 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Sep 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.