RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01314

XXXX X. XXXX	COUNSEL: XXXX X. XXXX
	
	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

His service obligation for Post-9/11 GI Bill transfer of educational benefits (TEB) be removed.

APPLICANT’S CONTENTIONS

He was not provided the requisite training on the TEB, which would have alerted him to the fact that service in the Participating Individual Ready Reserve (PIRR) does not satisfy the obligated service.  The Air Force Reserve Command constructively waived his service obligation when it transferred him to the PIRR.  He also continued to serve in the Air Force Reserve to the fullest extent possible, without pay, and his continued service should satisfy his required obligated service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve lieutenant colonel (O-5) awaiting retired pay at age 60.

On 27 Sep 10, the applicant signed a Reserve Service Commitment Contract, acknowledging his required satisfactory service in the Selected Reserve and the fulfillment of his Reserve Service Commitment (RSC) in accordance with Title 38 U.S.C. Chapter 33 and AFRCI 36-2102, by incurring a service obligation of one year and his RSC becoming effective from the date of his application in the Defense Manpower Data Center (DMDC) Transfer of Education Benefits (TEB) website. 

According to the applicant’s signed Post 9/11 G.I. Bill Transfer of Educational Benefits Statement of Understanding, dated 27 Sep 10, he acknowledged that personnel eligible to retire after 1 Aug 09 and before 1 Aug 10, require one year of additional service.  In addition, he indicated his understanding that the transfer of benefits is lost if he did not complete the entire commitment.

His RSC began on 27 Sep 10 and was scheduled to end on 26 Sep 11.  

On 8 Feb 11, as noted in Reserve Order XXXX, the applicant volunteered to be relieved from assignment and reassigned to the Individual Ready Reserve (IRR).  

On 24 Jun 13, as noted in Reserve Order XXXX, the applicant was relieved from the IRR and assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List, effective 1 Sep 13.    

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.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice, due to the fact that he did not meet his original one year TEB service obligation.  The applicant was eligible for the Post-9/11 GI Bill, as well as, transferring these benefits to his dependents upon the programs release on 1 Aug 09.  The applicant elected to transfer his benefits to his dependents on 27 Sep 10.  At the time of the applicant’s TEB approval, he incurred a one year service obligation date of 27 Sep 11.  The applicant signed his Statement of Understanding (SOU) agreeing to the obligation end date.  On 8 Feb 11, he elected to transfer to the Individual Ready Reserve (IRR), nullifying his TEB request, due to not fulfilling his service obligation ending date.

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 9 Jul 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.  While the applicant contends he was unaware that his service in the PIRR did not satisfy his service obligation, the board notes he acknowledged the one year TEB service obligation ending date of 26 Sep 11 and elected a voluntary transfer to the IRR on 8 Feb 11.  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).  Also, 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.

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 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-2021-01314 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, w/atchs, dated 22 Dec 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPAT, w/atchs, dated 23 Jun 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 9 Jul 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.