RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01772

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents.

APPLICANT’S CONTENTIONS

He misinterpreted the regulation that if he was to transfer benefits to his wife and then subsequently to his son after he was born, he would incur another service commitment.  He was going through a medical evaluation board and not allowed to make the transfer.  His misinterpretation and medical board determination has impacted his family.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force captain (O-3).

The applicant’s DD Form 214 reflects on 4 June 2021, he was retired from the Air Force under the authority of AFI 36-3212, Disability, Permanent IDES.  The applicant served 8 years, 1 month and 3 days of total 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.  Defense Manpower Data Center (DMDC) records show the applicant applied for TEB on 16 September 2020.  The application was rejected on 21 September 2020 due to a pending MEB.  In accordance with (IAW) AFI 36-2670, 6.11.15.1.1.2., members must be eligible to be retained for four years from the date of election and not precluded, prior to approval, from committing to the required retainability.  Additionally, members involved in a MEB must wait until to process is complete before applying (6.11.15.1.1.2.1.) and if found fit for duty will comply with standard application procedures (6.11.15.1.1.2.2.).  

IAW AFI 36-2670, 6.11.15.1.1.2.3, members who applied, but were denied due to insufficient retainability as a result of being involved in a MEB and are later cleared, must request transferability again once they are found fit for duty and commit to an additional four year service obligation.  AFI 36-2670, 6.11.15.5.1, Failure to complete Service Agreement, outlines exceptions for members previously approved for TEB who are subsequently unable to meet the service obligation.  

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 member was ineligible for TEB on the date of application (16 September 2020) due to MEB status.  Exceptions to completing the service obligation apply to members approved for TEB prior to circumstances preventing obligation completion.

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 21 June 2021 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-2021-01772 in Executive Session on 10 August 2021:

Mr. , Panel Chair, AFBCMR
Mr. , Panel Member
Mr. , Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 3 May 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 8 June 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 21 June 2021.

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.