RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01159

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

Her Post 9/11 GI Bill Transfer of Education Benefits (TEB) four-year Active Duty Service Commitment (ADSC) be curtailed and forgiven.

APPLICANT’S CONTENTIONS

She fulfilled the service commitment associated with TEB.  She was improperly advised on how to apply for TEB and reenlisted unaware of the error.  She further states, in 2018, when she attempted to use the benefit, FSS stated that they could not find the original request.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force senior master sergeant (E-8).

DD Form 4/1, Enlistment/Reenlistment Document Armed Forces of the United States, reflects the applicant with 15 years, 2 months and 29 days of total active military service reenlisted on 6 July 2016 for a period of five years.

AF Form 901, Reenlistment Eligibility Annex to DD Form 4, signed by the applicant on 29 June 2016, reflect she did not select Option D the reason for reenlistment is to qualify for the transfer of Post-9/11 GI Bill benefits.  

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 23 July 2018.  The application was rejected on 5 September 2018 because she did not complete and submit the required TEB Statement of Understanding (SOU) within the application window.  In accordance with (IAW) AFI 36-2649_AFGM2018-01, Voluntary Education Program (A13.20.1.5.), members must complete and submit the TEB SOU within 30 days of the Initial Notification.  The applicant reapplied and was approved for TEB effective 3 December 2018, with a four-year service obligation to 2 December 2022.  

DMDC shows no record the applicant applied for TEB in 2016.  Without a request, eligibility for the program could not be established, as DoD Instruction 1341.13, Post-9/11 GI Bill (Enclosure 3, 3.a.) and AFI 36-2649 (A13.18.9.3.) cite the date of request as the date on which the appropriate service obligation would be applied.  IAW AFI 36-2649 (A13.20.1.3.) all requests for TEB must be submitted via the DMDC TEB web application.  Additionally, the applicant reenlisted on 6 July 2016; however, she did not select Option D of AF Form 901, Enlistment Eligibility Annex to DD Form 4, indicating the reason for reenlistment is to qualify for the transfer of Post-9/11 GI Bill benefits.  

On 2 May 2021, the applicant submitted an application for retirement, effective 1 May 2022.  The application is pending.   

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 in 2016.  

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 20 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-2021-01159 in Executive Session on 12 October 2021:

, 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 12 April 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 4 May 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 20 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.