RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01420

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

She be allowed to transfer her Post 9/11 GI Bill education benefits (TEB) to her dependent.

APPLICANT’S CONTENTIONS

On Jul 12, she submitted a TEB application requesting allocation of benefits to her dependent child.  According to her superintendent and Military Personnel Flight (MPF) her application was approved and as a result her retirement was extended to Jan 16.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force master sergeant (E-7) who retired on 1 Jan 16.

On 15 Jun 15, the applicant signed that she understood and acknowledged section 2b with an understanding that she must fulfill the active duty service commitment for TEB prior to their DOS.  If members cannot satisfy the required ADSC prior to their DOS, then they are ineligible for TEB.  Additionally, the applicant acknowledged, “I understand that if my requested retirement date is prior to completion of my ADSC for the TEB, I must provide justification to support the waiver of the commitment”.  

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.  Defense Manpower Data Center records show the applicant applied for TEB on 23 Jul 12.  The application was rejected on 7 Aug 12 because the applicant did not secure the required retainability.  In accordance with AFI 36-2306, Voluntary Education Program (A9.18.1.2., A9.18.9.3, and 9.20.1.), applicants must secure retainability from the date of application.  The applicant required 4 years of retainability with application approval which would have been 22 Jul 16.  Her date of separation at the time of application closure was 28 Dec 14 .  The Automated Records Management System (ARMS) shows no record of reenlistment or extension within the TEB application window.  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.
  
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 3 Jun 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 applicant did not secure the required retainability within the TEB application window.  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.

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-2021-01420 in Executive Session on 10 Aug 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 3 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 2 Jun 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 Jun 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.