RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03878

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

On 31 Jan 08, he retired from active service with remaining Montgomery GI Bill education benefits, which expired in 2018.  He was not offered the opportunity of TEB at the time of retirement.  He applied and was approved for 36 months of Post-9/11 GI Bill on 22 Oct 21.  He was informed through the Veterans Administration (VA) and his personnel benefits section that he could not transfer his new Post-9/11 BI Bill benefits to his dependent.  In 2009, those on active duty were eligible for TEB prior to separating or retiring from the service.  With these trying times and high educational cost, he is seeking the same opportunity to TEB as afforded to his fellow service men and women who left or retired from the military after he retired.  If allowed Post-9/11 GI Bill TEB, he will gain financial relief and assistance with his child completing an undergraduate education.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 31 Jan 08, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant separated from active duty and retired effective 1 Feb 08, with twenty-five (25) years, one (1) month, and twenty-four (24) days of active service.

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.  The applicant is ineligible to transfer education benefits to dependents.  In accordance with Directive-Type Memorandum 09-003, Post-9/11 GI Bill, and Air Force Instruction 36-2306_AFGM1, The Education Services Program, members are eligible to transfer Post-9/11 GI Bill entitlement if service to the Armed Forces was on or after 1 Aug 09.  Additionally, 38 United States Code, Section 3319, states an individual approved to transfer entitlement to educational assistance may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.  
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), and the applicant replied on 25 Feb 22.  In his response, the applicant notes that he is ineligible for veteran assistance programs to ease the financial burden of paying for his dependent’s college tuition.  In addition, he reiterates that he was not given the opportunity transfer his unused benefits and requests the remaining allotment of his G.I. Bill be provided to his dependents.    

The applicant’s complete response is at Exhibit E.

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 AFPC/DP3SA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The board found the applicant was not eligible to transfer education benefits to his dependents because he retired on 1 Feb 08, and the TEB was enacted on 1 Aug 09.  Although the applicant contends he should be afforded the same opportunity to TEB as those that retired after him, we note the entitlement to TEB is uniquely established under relevant laws and policies that govern the educational benefit programs. The applicant has presented no evidence that he has been treated differently than those similarly situated.  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-2021-03878 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 19 Dec 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 10 Jan 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 13 Jan 22.
Exhibit E:	Applicant’s Response, w/atchs, dated 25 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.