RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03834

XXXXXXXXXXX	COUNSEL: XXXXXXXXXX
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His Montgomery GI Bill (MGIB) benefits be converted to the Post 9/11 GI Bill benefits for the Transfer of Education Benefits (TEB) to his eligible dependents. 

APPLICANT’S CONTENTIONS

He completed his term of enlistment to be eligible for MGIB benefits and wishes for his contract to be honored.  He reenlisted in April 2015 for Post 9/11 GI Bill Education Benefits and committed to 5 years and 6 months of service, which is more than the time required for TEB.  He believed since his reenlistment paperwork went through and he was paid his Selective Reenlistment Bonus, he was eligible for TEB.  He only found out that he was not enrolled when he inquired about the status of his benefits. Nevertheless, his DD Form 4, Enlistment/Reenlistment Document Armed Forces of The United States, and AF Form 901, Reenlistment Eligibility Annex to DD Form 4, shows he reenlisted for TEB and for no other reason.  He is close to retirement and has already completed the required enlistment for TEB; therefore, he should not be obligated to any additional service time.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 5 Dec 02, according to the applicant’s DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB) Basic Enrollment, he acknowledged his understanding for eligibility of the MGIB.  

On 25 Apr 15, according to the AF Form 901, provided by the applicant, he accepted the terms, conditions and agreements of his reenlistment.  Specifically annotated in Section II, Box D, The reason for this reenlistment is to qualify for transferability of the Post-9/11 GI Bill, the applicant checked “Yes.”

On 1 May 15, according to the DD Form 4, provided by the applicant, he reenlisted for a period of 5 years and 6 months.  

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:

A13.18.9. Transfer of Benefits Procedures. All requests and transactions will be completed through the TEB Web application at https://www.dmdc.osd.mil/MILCONNECT. Airmen are responsible for correcting inaccurate information. Airmen may request certification of Post-9/11 GI Bill eligibility from the Department of Veterans Affairs (DVA) website prior to requesting to transfer of benefits.

A13.18.9.3. Once certifying officials have approved a request to transfer benefits, Airmen may print a hard copy of the certified TEB request for their personal records. Additional service commitments will be recorded in the appropriate personnel system(s).  Additional service commitments resulting from transferring unused Post-9/11 GI Bill benefits begin on the date of request and are served concurrent with any other additional service commitment in effect at the time of the transfer or incurred at any time after the request to transfer benefits. Transfer of Post-9/11 GI Bill benefits, in and of itself, will not limit any other reenlistment option or incentive to which a member may be eligible.

A13.20.1.3. Members must submit their TEB application through the MilConnect website (https://www.dmdc.osd.mil/milconnect). NOTE: A member CANNOT submit a TEB request through the (DVA) website. MilConnect is the system of records DoD-wide for TEB actions.

DoDI 1341.13, Post-9/11 GI Bill Program

On 12 Jul 18, DoDI 1341.13, Post-9/11 GI Bill Program, was updated to limit eligibility to transfer Post-9/11 GI Bill education benefits to service members with at least six years, but not more than 16 years, of total creditable service s (active duty service and/or Selected Reserve).  These/This change went into effect on 12 Jul 19, one-year from the effective date of change to the issuance of the DoDI.   

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application. Based upon 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.  Although the applicant states his reenlistment documents show the reason for his reenlistment was to qualify for TEB, the Defense Manpower Data Center (DMDC) database has no record that he ever applied for TEB. 

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.

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-2021-03834 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 29 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.