RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00498

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents.

APPLICANT’S CONTENTIONS

He applied for TEB on 17 May 2010 and reenlisted on 15 June 2010.  He did not receive any indication that the application was denied until 18 July 2020 when his daughter applied for college.  He inquired with myPers Total Force Service Center personnel and was informed his TEB was declined due to no TEB Statement of Understanding (SOU).

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

According to Defense Manpower Data Center records the applicant applied for TEB on 17 May 2010.  The application was rejected on 3 June 2010 because the applicant failed to secure the required retainability within the application period.

The applicant’s DD Form 214 reflects on 31 October 2018, he was retired from the Air Force under the authority of AFI 36-3203, Vol. Retirement: Sufficient Service for Retirement.  The applicant served 23 years, 11 month and 15 days of total 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.  In accordance with (IAW) Directive-Type Memorandum (DTM) 09-003: Post 9/11 GI Bill, Attachment 2 [3.a.(1)] and AFI 36-2306_AFGM1, The Education Services Program [18.a.(2) and 20.a.(1)(a)], members must agree to and secure four years of retainability from the date of application.  The applicant initiated his reenlistment paperwork on 8 June 2010, after application rejection.  

Based on 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.  The applicant did not secure the required retainability within the application window.  

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 6 July 2021 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 the victim of an error or injustice.  While the Board notes the recommendation of AFPC/DP3SA against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.   Therefore, the Board recommends correcting the applicant’s records as indicated below.

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 pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 17 May 2010, he elected and was approved to transfer his Post 9/11 GI Bill Educational Benefits to his dependents with a subsequent Obligation End Date (OED) of 16 May 2014.

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-2021-00498 in Executive Session on 2 November 2021:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 3 October 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 17 June 2021.
       	     Exhibit D: Notification of Advisory, SAF/MRBC to Applicant, dated 6 July 2021.
            Exhibit E: Applicant’s Response, w/atchs, dated 19 July 2021.

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.