RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00510

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 dependent.

APPLICANT’S CONTENTIONS

He was briefed and assured by his local Military Personal Flight (MPF) that the paperwork he completed in 2017 was correctly filed.  He separated in 2018 due to a severe mental health issue.   He desires this correction for his spouse and future children.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).

On 15 February 2011, the applicant entered active duty.  On 10 August 2018, he was honorably discharged.  He served 7 years, 5 months and 26 days total 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 Defense Manpower Data Center (DMDC) shows no record the applicant applied for TEB. 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 36-2649_AFGM2016-01, Voluntary Education Program (A13.18.9.3.), cite the date of request as the date on which the appropriate service obligation would be applied.  In accordance with (IAW) AFI 36-2649_AFGM2 (A13.18.7.1., A13.18.9. and A13.20.1.3.), all requests for TEB must be submitted via the DMDC TEB web application while on active duty.  Based on the applicant’s Total Active Federal Military Service Date (15 February 2011), he became eligible to transfer benefits on 15 February 2017.  The applicant reenlisted on 27 January 2017; however, he did not select Option D of AF Form 901, Enlistment Eligibility Annex to DD Form 4, indicating the reason for reenlistment is to qualify for the transfer of Post-9/11 GI Bill benefits.  Additionally, IAW AFI 36-2649 (A13.18.2.4.), family members must be enrolled in the Defense Eligibility Enrollment Reporting System (DEERS) at the time of transfer to receive transferred benefits.  The applicant currently has a dependent spouse in DEERS; however, dependent status began on 26 May 2017, after he contends he completed paperwork to transfer benefits.

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.  DMDC shows no record the applicant applied for TEB.  Additionally, since inception of the program, TEB applications are submitted via the DMDC web application.  Lastly, the applicant did not have eligible dependents registered in DEERS on the date of reenlistment; therefore, he was ineligible to transfer benefits.

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 5 May 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 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.

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 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-2021-00510 in Executive Session on 20 July 2021.

, Panel Chair, AFBCMR
, 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 24 September 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 28 April 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, 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.