RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02584

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES
 
APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 educational benefits (TEB) to his dependents.

APPLICANT’S CONTENTIONS

He contributed to the Montgomery GI Bill and is confident that he signed paperwork in Aug 10 to TEB to his daughter.  He discovered in Apr 21 that the Montgomery GI Bill had not been transferred to the Post-9/11 GI Bill when he attempted to use the benefits through the Veterans Administration.  He states a clerical or administrative error is the reason why the system does not reflect the TEB request.  The applicant is requesting the correction as his daughter prepares to depart for college in the fall of 2021.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 30 Sep 10, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant retired from the Regular Air Force and was credited with 22 years, 3 months, and 16 days of active service. 

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.  Based on documentation provided by the applicant and an analysis of the facts, there is no evidence of an error or injustice on the part of the Air Force.  The applicant contends that he signed paper work transferring to the Post-9/11 GI Bill with intentions to TEB to his daughter.  However, the Defense Manpower Data Center (DMDC) shows no record the applicant applied for TEB.  In accordance with Air Force Instruction (AFI) 36-2306, Voluntary Education Program, all requests for TEB must be submitted via the DMDC TEB web application while serving as a member or the Armed Forces and without a request, eligibility for the program cannot be established.

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 31 Aug 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 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.

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 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-2021-02584 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, dated 27 Jun 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 24 Aug 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 31 Aug 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.