RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03689

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

In Mar 16, the applicant reenlisted and completed the Statement of Understanding (SOU) for the sole purpose of TEB to his dependents.  The applicant recently discovered in milConnect that he could not make a TEB selection for his dependents.  The applicant obtained a copy of the TEB SOU and discovered he selected “No” in Section D “The reason for this reenlistment is to qualify for transferability of the Post 9/11 G.I. Bill.”  He submitted a ticket in the MyPersonnel (myPers) system and was instructed to submit an application for consideration.  The applicant is requesting to correct the TEB SOU to reflect “Yes” in Section D so that he can TEB to his dependents.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 23 Feb 16, according to AF Form 901, Reenlistment Eligibility Annex to DD Form 4, provided by the applicant, the applicant selected “No” in Section D “The reason for this reenlistment is to qualify for transferability of the Post 9/11 G.I. Bill.”

On 10 Mar 16, according to DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, provided by the applicant, the applicant enlisted for four years and nineteen months.

On 30 Sep 21, according to Special Orders No. XX-XXXXX, dated 9 Oct 20, the applicant was relieved from active duty and retired effective 1 Oct 21, with twenty-three years, nine months, and seven days of active service for retirement.

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.  There is no evidence of an error or injustice on the part of the Air Force.  The applicant contends he reenlisted in Mar 16 for the purpose of TEB to his dependents, and recently discovered his inability to TEB to them after accessing milConnect.  DMDC shows no record the applicant applied for TEB in Mar 16.  However, on 1 Nov 11, DMDC records show the applicant applied for TEB and was rejected on 16 Nov 11 because he did not secure retainability within the application window. On 8 Oct 20, DMDC records show the applicant applied for TEB again, and was rejected on 15 Oct 20 because the applicant did not secure retainability due to his high year tenure date.

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 13 Jan 22 for comment (Exhibit D), but has received no response.

The applicant’s complete response is at Exhibit E.

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.

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-2021-03689 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 21 Nov 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 5 Jan 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 13 Jan 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.