RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01231

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

She be allowed to transfer her Post 9/11 GI-Bill benefits to her adopted grandson.  

APPLICANT’S CONTENTIONS

While she was serving she transferred her benefits to both her husband and her biological son; however, neither of them have used the benefit.  On 4 Jan 19, she became the legal guardian of her grandson and she has added him to DEERS as a dependent, but she would also like to transfer her Post 9-11 GI Bill educational benefits to him. 

She further explains that her grandson has had a tough time as a teenager, has battled her daughter’s and his step-father’s religious preference regarding sexual identity, and he has even attempted suicide. She hopes that the Board approves her request to transfer her educational benefits so that he can further his education and pursue his dream of becoming an artist.  

In support of her appeal, the applicant provides documentation that shows that she is the legal guardian of her grandson.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 14 Jan 10, the applicant signed the Post 9/11 G.I. Bill Transfer of Educational Benefits Statement of Understanding to transfer her TEB to her eligible dependents.  

On 15 Sep 16, according to Reserve Order EL-5273 dated 8 Sep 16, the applicant retired in the grade of master sergeant (E-7) and was credited with 36 years and 11 days of service for basic pay.   

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

AIR FORCE EVALUATION

ARPC/DPAT recommends denying the application.  On 22 Jul 10, the applicant successfully transferred TEB to her eligible dependents.  While she is the legal guardian of her grandson, he is not eligible to receive education benefits, because he was adopted after she retired on 15 Sep 16.  
In accordance with DODI 1341.13, Enclosure 3, “an individual may not add family members after retirement or separation from the Military Services, USCG, NOAA Corps, or PHS, but may modify the number of months of the transferred entitlement or revoke transfer of entitlement after retirement or separation for those family members who have received transferred benefits prior to separation or retirement.”   

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 12 Oct 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 ARPC/DPAT 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-2021-01231 in Executive Session on 2 Nov 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 30 Nov 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPAT, w/atchs, dated 27 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 Oct 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.