RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03889

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 dependent.

APPLICANT’S CONTENTIONS

He was notified that he failed to complete his military service agreement; and as a result, Debt Management asked him to pay back the benefits he transferred.  He has completed a four year active duty enlistment and a four year Reserve enlistment.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve senior airman (E-4).

On 26 January 2015, according to AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force (REGAF)/Air Force Reserve (AF Reserve)/Air National Guard (ANG), the applicant requested that his current enlistment that he entered on 25 January 2015 for a period of four years, be extended for 24 months for the purpose of the Reserve Montgomery GI Bill Program.  On 6 February 2015, the approval authority disapproved the applicant’s request.  The remarks indicate “member requires enlistment good for 6 yrs to be eligible for GI Bill.” 

On 11 September 2015, according to DD Form 214, the applicant was honorably released from active duty and transferred to the Air Force Reserve.  He served 4 months and 9 days active service this period and 4 years, 1 month and 16 days total prior active service.  His narrative reason for separation reflects Completion of Required Active Duty Training.

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

AIR FORCE EVALUATION

ARPC/DPAT recommends denying the application.  There is no evidence of an error or injustice due to the fact that the member was discharged on 23 September 2017, before his military service obligation was met.  The applicant successfully transferred TEB to his dependents 25 October 2014, incurring a service commitment with an obligation period expiring on 24 October 2018.  He signed an AF Form 1411 on 26 January 2015; however, he failed to move forward with his extension process.  Upon verification by the Reenlistment and Retention Division due to no documentation of separation found on record, it was determined that the applicant was discharged from the military 23 September 2017, nullifying his TEB.  

In accordance with DODI 1341.13 (31 May, 2013), Enclosure 3, (1) Members must be eligible to be retained for four years from the date of election and not be precluded, prior to approval, by either standard policy (Service or DoD) or statute.  Enclosure 3g. Failure to Complete Service Agreement:  (1) Except as provided in this section of this enclosure, if an individual transferring entitlement under this section fails to complete the service agreed to consistent with paragraph 3.a. of this enclosure in accordance with the terms of the agreement, the amount of any transferred entitlement that is used as of the date of such failure shall be treated as an overpayment of educational assistance and shall be subject to collection by the Department of Veterans Affairs (VA).

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 22 February 2022 for 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 ARPC/DPAT 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).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  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-2021-03889 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 31 October 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPAT, w/atchs, dated 20 January 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 22 February 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.