RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01274

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES
 
APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill education benefits (TEB) to his spouse beginning Aug 20 instead of Feb 21.  

APPLICANT’S CONTENTIONS

He submitted a TEB application in Aug 20 when he became eligible.  However, due to 
COVID-19 restrictions and MPF unavailability, his application was not approved until Feb 21.  Without the benefit of TEB, his family has paid a total of $7,000 in tuition fees, causing a great financial impact.  He was informed by Veteran’s Affairs office personnel, that he would be reimbursed for the funds as long as the TEB was approved as of Aug 20 instead of Feb 21.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force technical sergeant (E-6).

On 25 Aug 20, the applicant signed an AF Form 1411, Extension of Enlistment in the Air Force, requesting a four year and two month extension for the purpose of the “GI Bill or Continuation Pay.”  

On 24 Feb 21, the applicant signed another AF Form 1411, requesting a four year and two month extension for the purpose of the “GI Bill or Continuation Pay.”  

On 3 Mar 21, according to an AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding, the applicant acknowledged his eligibility for TEB and incurring a service obligation of four (4) years.

On 3 Jun 21, the applicant’s initial extension request was approved and his date of separation (DOS) was extended from 28 Jul 22 to 28 Jul 24 and his subsequent extension request extended his DOS from 28 Jul 24 to 28 Feb 25.

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.  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.  Specifically, the applicant did not secure retainability, within the required application window, for the contested period.  The applicant became eligible for TEB in Aug 16.  On 2 Aug 19, he initially applied for TEB, and on 20 Sep 19 his application was rejected because he did not secure the required retainability within the application period.  On 16 Jul 20, he reapplied and on 19 Aug 20, AFPC technicians instructed the applicant to provide a copy of his extension paperwork.  On 24 Aug 20, the applicant was sent a follow-up request for the extension paperwork and after receiving no response, his application was rejected on 25 Aug 20.  On 24 Sep 20 and 19 Nov 20 the applicant reapplied for TEB, and both applications were subsequently rejected on 27 Oct 20 and 21 Dec 20, respectively, because he failed to secure the required retainability within the application period.  On 5 Feb 21, the applicant reapplied for TEB and his application was approved on 3 Mar 21 with a service obligation end date of 4 Feb 25.

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 Oct 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.

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-2021-01274 in Executive Session on 30 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, dated 12 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 1 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 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.