RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03647

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependents.

APPLICANT’S CONTENTIONS

He applied for TEB for his children in September 2009 and separated in December 2013, which meets the four years retainability.  He does not recall receiving a denial notification; if so, he would have taken corrective actions.  Further, he was not informed of the denial prior to separation in December 2013.  When he went to check on how to start the process for his son who is near graduating high school is the first time he was told that the TEB was denied.   He was informed the TEB was denied due to not having the retainability during the application process.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably released Air Force technical sergeant (E-6).

On 21 August 1996, according to DD Form 214, the applicant entered active duty.  On 14 December 2013, he was honorably released from active duty and transferred to the Air Force Reserve.  His narrative reason for separation reflects “Non-Retention on Active Duty.”  He served 17 years, 3 months and 24 days on active duty.

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

APPLICABLE AUTHORITY/GUIDANCE

Directive-Type Memorandum (DTM) 09-003: Post 9/11 GI Bill, 

Attachment 2, paragraph 3.a: Eligible Individuals.  Any member of the Armed Forces on or after August 1, 2009, who, at the time of the approval of the individual’s request to transfer entitlement to education assistance under this section, is eligible for the Post-9/11 GI Bill, and

(1) Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve 4 additional years in the Armed Forces from the Date of election

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  The Defense Manpower Data Center (DMDC) records show the applicant applied for TEB on 4 September 2009.  The application was rejected because he failed to secure the required four years retainability via extension/reenlistment.  The applicant’s date of separation at the time of application rejection was 15 March 2013.  He required retainability to 3 September 2013 for TEB approval.  In accordance with AFI 36-2306_AFGM1, The Education Services Program, 18.a.(2), 20.a.(1)(a) and Directive-Type Memorandum (DTM) 09-003: Post 9/11 GI Bill, Attachment 2, 3.a.(1), members must secure four years retainability from the date of 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.  There is no record the applicant secured the required retainability for TEB via extension/reenlistment in 2009.  The applicant’s next extension/reenlistment on record is dated February 2013.

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 6 April 2022 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.

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-2021-03647 in Executive Session on 14 June 2022:

, 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 14 November 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 21 March 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 6 April 2022.

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.