RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03127

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 eligible dependents.

APPLICANT’S CONTENTIONS

On 4 Jan 12, he submitted an application for TEB to his dependents.  He was never informed that his application was rejected on 19 Jan 12 due to not having the required retainability.  He was notified of his reassignment to RAF Lakenheath, UK and completed the reenlistment required to accept the assignment.  He remained at RAF Lakenheath, UK from 3 Feb 14 through his retirement date of 31 May 18.  He inquired about his TEB status with the base education office during his out-processing, and was reassured that he was “good to go.”  He recently discovered his TEB application was rejected while preparing to use the benefit for his son.  He is requesting the 4 Jan 12 application be approved.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6).

On 31 May 18, according to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, he separated from active service and retired, effective 1 Jun 18.  He was credited with 20 years and 18 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 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 Defense Manpower Data Center (DMDC) records show the applicant applied for TEB on 4 Jan 12 and his application was rejected on 19 Jan 12 because he failed to secure the required retainability within the application period.  In accordance with Directive-Type Memorandum (DTM) 09-003:  Post 9/11 GI Bill, and Air Force Instruction (AFI) 36-2306, Voluntary Education Program, a member must secure 4 years retainability from the date of application.  At the time of the applicant’s request for TEB, his date of separation was 15 Nov 15; however, he required retainability to 3 Jan 16 for TEB eligibility.  
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 26 Oct 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.  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-2021-03127 in Executive Session on 15 Mar 22:

, 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 22 Sep 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 22 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 26 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.