RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01859

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

She applied for TEB on 26 April 2012 at the Education Center.  She was unable to fulfill the four year service commitment due to a medical retirement effective 12 Mar 14 involving combat injuries, which placed her on the Temporary Disability Retired List (TDRL).  On 6 Apr 15 she was removed from the TDRL and permanently retired without the opportunity to return to active duty.  She has served 21 years in the Air Force and entitled to these educational benefits.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7).  On 12 Mar 14, she retired with 21 years, 7 months, and 9 days of active service.

The Automated Records Management System (ARMS) does not contain AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding.

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.  The Defense Manpower Data Center (DMDC) shows no record the applicant applied for TEB.  Without a request, eligibility for the program could not be established, as Directive-Type Memorandum (DTM) 09-003: Post-9/11 GI Bill (Attachment 2, 3.a.) and AFI 36-2306 IC1, Voluntary Education Program (A9.18.9.3.) cite the date of request as the date on which the appropriate service obligation would be applied.  In accordance with AFI 36-2306 IC1 (A9.18.9. and A9.20.1.3.) all requests for TEB must be submitted via the DMDC TEB web 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.

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), and the applicant replied on 7 Jun 21.  In her response, the applicant contended she intended to fulfill the 4 year service commitment, but on 12 Mar 14 was medically retired and placed on the TDRL due to combat-related injuries.  On 16 Apr 15, she was removed from the TDRL and retired with no opportunity to return to active duty to complete the service commitment.  Additionally, taking these benefits away because of injuries sustained in combat through no fault of her own is the definition of injustice. 

The applicant’s complete response is at Exhibit E.

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 DMDC shows no record the applicant applied for TEB, and without a request, eligibility for the program cannot be established.  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 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-2021-01859 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, dated 7 May 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atch, dated 24 May 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 Jun 21.
Exhibit E:	Applicant’s response, dated 7 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.