RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00587

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

She attempted to transfer her benefits under the understanding that all was complete.  She was denied TEB because she failed to submit one document within 30 days. She discovered the problem and was informed that the date could be adjusted, but that was not the case.  Accessing the various secure military sites is difficult when not on a government computer.  She has more than 25 years of service with no break in service and two deployments.  She has earned the benefit. Her High Year Tenure (HYT) is 17 April 2023.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve lieutenant colonel.

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.  The applicant requested a TEB on 18 April 2019 while serving in the Air Force Reserve.  Members who transfer education benefits are required to sign a Statement of Understanding (SOU) acknowledging a four year service commitment; however, there is no record the applicant signed and returned the SOU by her 30 day suspense date of 24 July 2019 which was prior to COVID-19.  On 15 August 2019 her myPers case was closed, and the denial was e-mailed.  Due to an increased caseload, applicant was given more than the initial 30-day return window; however an SOU was never received until 9 January 2021. 

On 12 December 2019, the applicant reapplied for TEB; however, as per the Department of Defense Instruction (DoDI) 1341.13 Post 9/11 GI Bill, Change 1, 12 July 2018, the deadline for Mandatory Separation Date (MSD) waivers was 12 July 2019 and the applicant could no longer meet her four year service commitment due to her MSD of 31 July 2023, making her ineligible.  Title 38, United States Code, Section 3319, stipulates the intent of transferring unused education benefits is to promote recruitment and retention in the uniformed services. 

Unfortunately, the applicant failed to provide a signed SOU in the allotted time-frame for her 18 April 2019 application and did not have enough retainability to execute the TEB application of 12 December 2019.   In addition, she did not inquire about her TEB applications until 17 June 2020.  The applicant’s TEB will remain for herself to utilize.  The benefits can be used for more than just degree seeking programs, and is quite versatile.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.

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 ARPC/DPAT 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-2021-00587 in Executive Session on 20 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 10 July 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPAT, w/atchs, dated 22 March 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.