RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03697

XXXXXXXXXXXX	COUNSEL: XXXXXXXXX
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His approved Post 9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents be backdated to his original request date of July 2016. 

APPLICANT’S CONTENTIONS

In July 16, he started the process for TEB to ensure benefits were transferred to his children.  He did not receive any contact/correspondence that there were issues with the request.  His experience is reinforced as he and his spouse, also active duty, went through the TEB process together to ensure that their children would receive max benefits.  He completed a recent audit of benefits and discovered his spouse’s TEB processed fine, but his stated the Statement of Understanding (SOU) wasn’t completed.  The event happened five years ago and they do not have correspondence to compare.  Their email addresses were USAFA.EDU and the email hadn’t fully migrated to CHES, enabling a large amount of storage capacity.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force major (0-4).

On 20 Jul 16, according to Defense Management Data Center (DMDC) records, the applicant applied for TEB.

On 22 Aug16, according to DMDC records, the applicant’s application rejected due to his failure to complete an SOU.

On 24 Nov 21, the applicant signed AF Form 4406, Post 9/11 G.I. Bill Transfer of Educational Benefits Statement of Understanding, and incurred a four-year service commitment with an obligation end date of 22 Nov 25.   

According to a DMDC incident audit log provided by AFPC/DP3SA, dated 8 Dec 21, emails were sent to the applicant regarding his TEB request via his military e-mail ending in us.af.mil and personal e-mail ending @yahoo.com.  

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

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-2649_AFGM2015-01, Air Force Voluntary Education Program:

A13.20.1.5. Upon receipt of the Initial Notification email from the Total Force Service Center (TFSC), the member must: a) obtain retainability to meet the eligibility requirements; and b) sign the TEB SOU (NOTE: the TEB SOU will only appear in the member's vMPF/Self Service Actions/Transfer of Education Benefits) once 72 hours have passed since submitted the application in MilConnect AND the member meets the retainability requirements). Both of these actions must be accomplished within 30 days of the TFSC Initial Notification or the application will expire and the member will be required to re-apply for TEB.

A13.20.1.6. When member has obtained the required retainability and signed the TEB SOU, the TFSC will approve the member's TEB application in MilConnect and send the member Approval Notification. 

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application. Based on review of the Defense Manpower Data Center records and analysis of the facts, there is no evidence of an error or injustice on the part of the Air Force.  The applicant’s TEB application was rejected because he failed to complete and submit the required SOU.  Examination of the records indicate an Initial Notification of application receipt with instructions was sent on 21 Jul 16 followed by three reminder notifications.  These notifications were sent to the applicant’s Air Force email address on file and noted in his request. 

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 15 Dec 21 for comment (Exhibit D), but has received no response.

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.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.  

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-2021-03697 in Executive Session on 8 Feb 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 24 Nov 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 13 Dec 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Dec 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.