RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02839

XXXXX	COUNSEL: XXXXX
	
		HEARING REQUESTED: NO

APPLICANT’S REQUEST

His records be corrected to reflect that his Post-9/11 GI Bill Transfer of Education Benefits (TEB) was successfully transferred to his eligible dependents prior to his retirement on 1 Jun 12.

APPLICANT’S CONTENTIONS

He submitted his TEB via Defense Manpower Data Center (DMDC) on 21 Sep 11 and received a confirmation number from the Department of Veterans’ Administration (VA) that his request had been received by the VA; however, his son recently tried to use the benefits and the VA denied the request.  He contacted ARPC Education Services about the error and was informed there was no evidence of a TEB request, or a Statement of Understanding (SOU) (AF Form 4406), being submitted or approved.  

In support of his request the applicant provides a statement to the BCMR; a screenshot from the VA online website, dated 26 Sep 11, indicating he submitted an application to the VA; a screenshot from the DMDC website, dated 21 Sep 11, indicating that he attempted to transfer one month to both of his children; a Certificate of Eligibility from the VA dated, 7 Oct 11; and finally a letter from the VA, dated 6 Jul 21, denying his claim for the GI Bill transferability program.  In addition to MIL-CONNECT transfer with the SOU check boxes, he recalls either mailing or emailing the AF Form 4406 and used a “help ticket” in 2011 to confirm that the paperwork was received.  As such, he provides an ARPC help ticket, dated 14 Nov 11, where ARPC confirmed the transfer.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve colonel (O-6).  

According to Reserve Order XXXXXX, the applicant was assigned to Retired Reserve on 1 Jun 12.

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

APPLICABLE AUTHORITY/GUIDANCE	

In accordance with DODI, 1341.13, Post-9/11 GI Bill, no additional service commitment was required for individuals eligible for retirement on or before 1 Aug 09.

Controlled by:  SAF/MRB
CUI Categories:  SP-MIL/SP-PRVCY
Limited Dissemination Control:  N/A
POC:  SAF.MRBC.Workflow@us.af.mil

Based on the applicant’s retirement date of 1 Jun 12, and given that he had more than 20 years of satisfactory service, the applicant would have been eligible for retirement prior to 1 Aug 09 and therefore would have incurred no additional service commitment with the transfer of benefits.

AIR FORCE EVALUATION

ARPC/DPAT recommends denying the application.  Although the applicant contends he requested TEB prior to his retirement and provides a print of his request, it appears not to have been submitted.  A review of the following systems:  Benefits for Education Administrative Services Tool (BEAST); Automated Records Management System (ARMS); and MyPers all indicate that a TEB request was not submitted.  

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 20 Oct 21 for comment (Exhibit  D), but has received no response.  

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 ARPC/DPAT against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions. The Board notes that at the time the applicant indicates he applied, 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.  In this regard, the applicant provides screenshots from the VA and the DMDC website that support his attempt to transfer his benefits in Sep 11.  Given the applicant was retirement eligible prior to 1 Aug 09 and would have incurred no additional service commitment for the transfer of benefits, the Board concludes a preponderance of the evidence substantiates his contentions.  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 21 September 2011, he elected and was approved to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents with no additional active duty service obligation.

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-2021-02839 in Executive Session on 8 Feb 22:

, 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/atchs, dated 29 Jul 21.
Exhibit B:	Pertinent Extracts, MHRR
Exhibit C:	Advisory opinion, ARPC/DPAT, w/atchs, dated 28 Sep 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 Oct 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.