RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02780

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES
 
APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

He applied for TEB on 25 May 11.  One to two months prior to being medically retired on 28 Jan 19, he discovered that educational benefits had not been transferred to his dependent.  On 13 Aug 13, the applicant reenlisted and selected “no” on section D of the AF Form 901 indicating that his reason for reenlistment was not to qualify for TEB because he believed his application was previously approved.  The applicant believes he should be eligible for TEB because after completing the application he remained in active service for eight additional years.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force staff sergeant (E-5).

On 25 May 11, according to the Defense Manpower Data Center record provided by the applicant, his request for TEB was rejected because he did not secure the required retainability within the application period. 

On 28 Jan 19, according to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, he retired with a narrative reason for separation of “Disability, Permanent IDES.” He was credited with fourteen years, three months, and seventeen days of active service.  

On 13 Aug 13, according to AF Form 901, Reenlistment Eligibility Annex to DD Form 4, the applicant selected “NO” in section D, The reason for this reenlistment is to qualify for transferability of the Post 9/11 GI Bill.

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 analysis of the facts, there is no evidence of an error or injustice on the part of the Air Force.  In accordance with Directive-Type Memorandum (DTM) 09-003, Post 9/11 GI Bill, and Air Force Instruction (AFI) 36-2306, Voluntary Education Program, members must secure 4 years retainability from the date of application for TEB.  The applicant applied for TEB on 4 May 11, which required him to secure retainability until 3 May 15.  On 25 May 11, his application was denied because he failed to secure the required retainability within the 14-day application period.  

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 24 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.

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 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-2021-02780 in Executive Session on 30 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 9 Aug 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 14 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 24 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.