RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01659

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill education benefit (TEB) to his daughter.

APPLICANT’S CONTENTIONS

He paid into the Montgomery GI Bill while in service and transferred one month of eligibility to his daughter and spouse before he retired.  However, when he attempted to reallot the remaining months to his daughter, he appeared to be ineligible to initiate or update a transfer.  The applicant contacted the Department of Veterans Affairs and was informed that there was no record of his initial request.

In support of his appeal, the applicant provides a print out from the Defense Manpower Data Center (DMDC), which indicates that he attempted to transfer 1 month of TEB with a transfer begin date of 30 Aug 11 to both his spouse and child.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 31 Dec 11, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant retired with 24 years and 28 days of active service.

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.  In accordance with AFI 36-2306, Voluntary Education Program, all requests for TEB must be submitted via the DMDC TEB web application while serving as a member of the Armed Forces.  The (DMDC) has no record the applicant applied for TEB.  Without a request, eligibility for the program could not be established.  Furthermore, the supporting document provided by the applicant is invalid, as it does not reflect a TEB submittal or approval 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 15 Sep 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.  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 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-2021-01659 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 23 Mar 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 10 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Sep 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.