RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03726

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

The transfer request date on the DoD Manpower Data Center award letter, dated 8 July 2020, is incorrect.  He transferred his benefits to his dependents before 31 December 2012.  Therefore, he met his four-year obligation prior to his retirement date in October 2015.  His son used the benefit from August 2012 through December 2013.  The incorrect date has caused him to owe money he has already paid.  He further states, at the time of transfer, the requirements were not explained. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 13 October 2015, NGB Form 22, Report of Separation and Record of Service, show the applicant received an honorable character of service and was transferred to the USAF Reserve Retired List.  He was credited with 20 years of total service for retired pay.  

On 14 October 2015, Reserve Order EK-XXX, dated 20 August 2015, provided by the applicant, reflects he was relieved from his assignment and assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List.

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

AIR FORCE EVALUATION

NGY/A1Y recommends denying the application.  The Defense Manpower Data Center (DMDC) MilConnect shows the applicant transferred his Post 9/11 benefit on 31 December 2012 with an Obligation End Date of 30 December 2016.  The applicant was retirement eligible on 4 February 2013; therefore, he was required to serve an additional four years of service from the date of transfer.  The applicant retired on 13 October 2015, one year, two months, and two weeks before his obligation end date.  His NGB Form 22 Report of Separation and Record of Service, reflects a separation code—RBD: “Transfer to the USAF Reserve Retired List - Retirement Voluntary/Under age 60.”  DMDC MilConnect also shows the earliest his dependents used his benefits was 9 August 2013.

Based on the documentation provided by the applicant and analysis of the facts, there is not enough evidence to approve the applicant’s request to transfer his TEB to his dependents in enough time to meet his obligation end date.  In accordance with DoDI 1341.13, dated 13 May 2013 Enclosure 3.3.3,a,(1), Has at least 6 years of service in the Military Services (active duty or Selected Reserve), NOAA Corps, or PHS on the date of approval and agrees to serve 4 additional years in the Military Services, NOAA corps, or PHS from the date of election.  The applicant applied for TEB while in service through the DMDC MilConnect website on 31 December 2012.  There are no supporting documents to show he filed it before this date and no supporting documentation showing his son used his benefit before this date.  Therefore, the applicant did not meet his OED of 30 December 2016.

The complete advisory opinion is at Exhibit C.
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APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 21 April 2022 or 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 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).  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-2021-03726 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 3 August 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/A1Y, dated 31 March 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 21 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.