RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00502

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

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 reenlisted on 15 October 2013 for four years and seven months.  He was advised that he was not required to select Option D on AF Form 901, Reenlistment Eligibility Annex to DD Form 4, to transfer his benefits to his dependents.  He completed the TEB process via milConnect as instructed by Military Personnel Section personnel.  He never received a notification or email indicating his request was denied or cancelled.  He was made aware of this issue in 2018 and he attempted to correct the issue through myPers; however, the request was denied.  He has currently extended his HYT of 8 August 2022.  He has served more than the required four years since 2013 to be able to transfer his benefits to his dependents.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force technical sergeant (E-6).

For more information, see the advisory at Exhibit B.

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  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.  Defense Manpower Data Center (DMDC) shows no record the applicant applied for TEB in 2013.   Without a request, eligibility for the program could not be established, as DoD Instruction 1341.13, Post-9/11 GI Bill (Enclosure 3, 3.a.) and AFI 36-2306_AFGM2, Voluntary Education Program (A9.18.9.3.), cite the date of request as the date on which the appropriate service obligation would be applied.  In accordance with AFI 36-2306_AFGM2 (A9.18.7.1., A9.18.9. and A9.20.1.3.), all requests for TEB must be submitted via the DMDC TEB web application while on active duty.  

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 5 April 2021 for comment (Exhibit C).  The applicant replied indicating he provided the myPers notification stating if an individual was incorrectly advised/counseled on the TEB program “may submit a request to the AFBCMR for consideration.  He has served almost 21 years and this is the biggest injustice to him in his career.  He had no idea this was not done correctly.    He was miscounseled regarding the DMDC history.

The complete response is at Exhibit D.

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.  After a careful review of the applicant's contentions to include his response to the Air Force evaluation, documentation submitted in support of the request, and the available evidence of record, the Board does not find the applicant has provided sufficient evidence to conclude he is 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-2021-00502 in Executive Session on 21 July 2021:

Mr. , Panel Chair, AFBCMR
Mr., Panel Member
Mr., Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 February 2021.
Exhibit B:	Advisory opinion, AFPC/DP3SA, w/atch, dated 19 March 2021.
Exhibit C:	Notification of advisory, SAF/MRBC to applicant, dated 5 April 2021.
Exhibit D:  Applicant’s Response, w/atch, dated 5 May 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.