RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01090

XXXX X. XXXX	COUNSEL: NONE

	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

He be allowed to transfer his Post 9/11 GI Bill educational benefits (TEB) to his eligible dependents.

APPLICANT’S CONTENTIONS

During his retirement process, he completed all the forms and online papers necessary for the TEB (Feb 11).  He was told by his Military Personnel Flight (MPF) to complete the paper copy of the TEB and his kids then had 15 years to use the benefits.  He then completed the online version to be safe.  The MPF, during his final out-processing, told him all of his paperwork was processed.  He states AFPC can’t find the paperwork and requests assistance.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7).

No record was found in the applicant’s personnel file of a signed Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding.

On 31 May 11, according to DD Form 214, Certificate of Release or Discharge From Active Duty, the applicant was credited with 22 years, 11 months, and 22 days of service.

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

APPLICABLE AUTHORITY/GUIDANCE

Directive-Type Memorandum (DTM) 09-003: Post 9/11 GI Bill, 
Attachment 2, paragraph 3.a : Eligible Individuals.  Any member of the Armed Forces on or after August 1, 2009, who, at the time of the approval of the individual’s request to transfer entitlement to education assistance under this section, is eligible for the Post-9/11 GI Bill, and
(3)(a) For those individuals eligible for retirement on Aug 1, 2009, no additional service is required.

AFI 36-2306, Voluntary Education Program, dated 13 Aug 10, Attachment 9.
A9.18. Transferability of unused benefits to dependents. 
A9.18.7. Time for Transfer, Revocation, and Modification. 
A9.18.7.1. Time for Transfer. A member approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.
A9.18.9. Transfer of Benefits Procedures. All requests and transactions will be completed through the TEB Web application at https://www.dmdc.osd.mil/TEB/.  Airmen are responsible for correcting inaccurate information. Airmen may request certification of Post-9/11 GI Bill eligibility from the DVA’s website prior to requesting to transfer of benefits.
	A9.18.9.3. Once certifying officials have approved a request to transfer benefits, Airmen may print a hard copy of the certified TEB request for their personal records.  Additional service commitments will be recorded in the appropriate personnel system(s).  Additional service commitments resulting from transferring unused Post-9/11 GI Bill benefits begin on the date of request and are served concurrent with any other additional service commitment in effect at the time of the transfer or incurred at any time after the request to transfer benefits.  Transfer of Post-9/11 GI Bill benefits, in and of itself, will not limit any other reenlistment option or incentive to which a member may be eligible.
A9.20. AFPC/DPS Specific Procedures (Active Duty) – Transfer of Benefits Option Responsibilities:
	A9.20.1. MEMBERS MUST:
		A9.20.1.3. Apply for this option through DMDC's (TEB) website (https://www.dmdc.osd.mil/TEB/).

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  Defense Manpower Data Center (DMDC) shows no record the member applied for TEB.  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 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 on active duty.

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 member 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 7 Sep 21 for comment        (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not 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.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2021-01090 in Executive Session on 12 Oct 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, dated 23 Aug 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 21 May 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 Sep 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.