RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00608

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

During his retirement out-processing and transition assistance program appointments, he was informed by the education office that the TEB program was a retention tool and further active duty service commitment was required.  After his retirement brief, no further transition assistance was provided.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force major (O-4).

The applicant served 26 years, 3 months and 2 days of active service for retirement. 
  
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) records show the applicant applied for TEB on 11 September 2014.  The application was rejected on 14 October 2014 because the applicant could not secure retainability due to an approved retirement (retirement order issued 18 April 2014).  In accordance with AFI 36-2649, Voluntary Education Program (A13.20.1.), members must secure retainability from the date of 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.  The applicant had an approved retirement on file when he applied for TEB and could not secure the required retainability for TEB approval.

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-2021-00608 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, dated 17 August 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 4 May 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.