RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00869

XXXXX	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 applied for TEB via paper means in 2010 while assigned to the XXX.  He did not receive a copy for his records from the Air Force District of Washington (AFDW) personnel office.  He trusted the AFDW process would be successful in transferring his benefits.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5).

On 30 November 2018, the applicant was relieved from active duty and on 1 December 2018 the applicant retired.  He served 20 years and 1 day total 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) shows no record the applicant applied for TEB in 2010.  Without a request, eligibility for the program could not be established, as Directive-Type Memorandum (DTM) 09-003: Post-9/11 GI Bill (Attachment 2, 3.a.) and AFI 36-2306, 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 DTM 09-003 [Attachment 2, 3.g.(1) and 3.i.] and AFI 36-2306 (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 serving as a member of the Armed Forces.

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.  

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 for comment (Exhibit D), and the applicant replied on 4 June 2021.  In his response, the applicant contended he transferred his benefits in 2010.  The Department Veteran Affairs website shows he has a 100 percent Post 9/11 GI Bill eligibility percentage.  Just because the DMDC does not show a record, does not mean he did not transfer his benefits. 

The applicant’s complete response is at Exhibit E.

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.  Although the applicant contends he transferred his benefits, we note eligibility for the program is determined by records in the DMDC showing the applicant applied and was approved for TEB.  We further note, the applicant is entitled to Post 9/11 GI bill benefits in his own rights; however, eligibility for TEB could not be established.   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-2021-00869 in Executive Session on 14 September 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 1 March 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 23 April 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 2 June 2021.
Exhibit E:	Applicant’s Response, dated 4 June 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.