RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03672

XXXXXXXXXX	COUNSEL: NONE

 	HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

He attempted the application of TEB for his children; however, during the process he was medically retired due to combat sustained injuries. He has been advised there is a certain amount of service time required for TEB eligibility.  It was his intent to serve in the military for many years, which would have allowed him the opportunity for TEB.  However, due to no fault of his own, his medical retirement prohibited him from fulfilling the time required for TEB.  He has earned the benefits and his children deserve the education opportunity.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 21 Sep 18, according to NGB Form 22, Report of Separation and Record of Service, the applicant retired for physical disability with 17 years of total service for retired pay.   

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

AIR FORCE EVALUATION

NGB/A1Y recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is not enough evidence to approve the applicant’s request.  In accordance with Department of Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bill, an individual approved to transfer entitlement to educational assistance may transfer such entitlement to the individual’s family member only while serving in the Military Services (active duty or Selected Reserve).  Had the applicant transferred his benefits while in service, his obligation end date would have been changed to his date of separation due to his medical discharge.  However, there is no evidence the applicant attempted or applied to transfer his Post-9/11 benefits while in service, therefore he is not eligible for the benefit.    

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 7 Feb 22 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 NGB/A1Y and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board 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-2021-03672 in Executive Session on 19 Apr 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, dated 17 Nov 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/A1Y, dated 20 Jan 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 Feb 22.

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.