RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00961

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His application submitted on 4 Dec 17 to transfer his Post-9/11 GI Bill education benefits (TEB) be approved. 

APPLICANT’S CONTENTIONS

In 2018, he reenlisted for both a Selective Reenlistment Bonus (SRB) and to secure his TEB benefits; however, there were complications processing his reenlistment paperwork and his attempts to sign the TEB application failed to register due to a Permanent Change of Station (PCS) from RAF Lakenheath to Joint Base McGuire Dix Lakehurst (JBMDL).   After his PCS to JBMDL, he was finally able to resolve the issues with his reenlistment and he mistakenly believed that since the retainability issue was resolved, his benefits were secure.  He only recently discovered the error when he tried to transfer months of his TEB to each of his children.  

He hopes that the BCMR can grant leniency as he is a military married to a military service member who was deployed at the time of their PCS and at that time he was dealing with the responsibilities of caring for his three-year old twin girls, while out-processing both himself and his wife and moving their entire household back stateside.  In hindsight, he can see the lapse in procedural processing, but he secured his retainability with the intent of completing the transfer of TEB.   

In support of his appeal, the applicant provides copies of his reenlistment paperwork; a copy of an e-mail, dated 15 Dec 17 between him and his commander support staff (CSS), indicating that he provided a copy of his TEB application to his CSS so that they could properly process his reenlistment paperwork; and an e-mail dated 23 Feb 18, indicating that there were processing issues with his reenlistment paperwork. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force technical sergeant (E-6).

On 4 Dec 17, the applicant applied for TEB, but the application was rejected on 5 Jan 18, because he did not have the retainability.

On 10 Jan 18, DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, shows that the applicant reenlisted for a period of 4 years and 22 months. 

On 25 Jan 18, the applicant reapplied for TEB, but the application was rejected because he did not submit the required SOU.   

According to AF Form 899, Request and Authorization for Permanent Change of Station, and the applicant’s Report on Individual Personnel (RIP), the applicant relocated from RAF Lakenheath to JBMDL and has a date arrived on station of 16 Feb 18.  

On 29 Mar 18, the applicant reapplied for TEB, but the application was again rejected because he did not submit the required SOU.   

According to the applicant’s RIP, his current Date of Separation (DOS) is 9 Nov 23.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

Department of Defense policy on TEB provided that any member of the Armed Forces meeting the eligibility criteria could transfer education benefits to one or more family members.  The relevant criteria included that the member “has at least 10 years of service in the Armed Forces … is precluded by either standard policy (e.g., High Year Tenure (HYT))or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.”  [Directive-Type Memorandum (DTM) 09-003: Post-9/11 GI Bill, Attachment 2, Paragraph 3.a.(2), dated 14 September 2011.]

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  The Defense Manpower Data Center (DMDC) records show that the applicant initially applied for TEB on 4 Dec 17, but on 5 Jan 18 the application was rejected because he did not secure the required retainability.  On 25 Jan 18 and 29 Mar 18, the applicant reapplied, but both applications were rejected on 2 Mar 2018 and 30 Apr 2018, respectively, because he failed to complete and submit the required TEB SOU.  In accordance with AFI 36-2649_AFGM2016-01, Voluntary Education Program, A13.20.1.5., members must secure retainability and submit the required TEB SOU within 30 days of the Initial Notification.  There is no record in 2018 the applicant contacted the Total Force Service Center as instructed in the initial and subsequent notifications when he experienced difficulties completing the TEB SOU.

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 17 May 21 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.

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-2021-00961 in Executive Session on 20 Jul 21:

, Panel Chair
, 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 2 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 23 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 17 May 21.

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.