RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02098

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

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

In early 2015, he was notified that he was not world-wide deployable and would subsequently be medically retired.  He always intended to pass his benefits to his children.  In September of 2015, he began the process of transferring his benefits to his daughter.  He further states he was told he was unable to transfer benefits because he could not meet the required two year service commitment due to his pending medical retirement.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5).

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued 28 October 2015, indicates the applicant served 15 years, 2 months and 28 days of total active duty.  His narrative reason for separation reflects “Disability, Permanent (Enhanced).”

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

DODI 1341.13, Post-9/11 GI Bill, Enclosure 3, Paragraph 3, states:  Any service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she has at least 10 years of service in the Military Services (active duty or Selected Reserve) on the date of approval, is precluded by either standard policy (Service or DOD) or statute from committing to four additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  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 AFI 36-2649_AFGM2015-01, Voluntary Education Program (A13.18.9.3.) cites the date of request as the date on which the appropriate service obligation would be applied. Additionally, in accordance with AFI 36-2649_AFGM2015-01, A13.18.1.1.1., the applicant would have incurred a four year obligation with TEB approval.  Department of Defense Instruction (DoDI) 1341.13, Post 9/11 GI Bill, Incorporating Change 1, published 12 July 2018, rescinded policy, effective 12 July 2019, allowing TEB approval for members with at least 10 years in service precluded by service policy or statute from serving the required four year service obligation; however, the policy did not apply to members facing a Medical Evaluation Board.

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.  DMDC shows no record the applicant applied for TEB.  Additionally, the applicant could not commit to the four-year service requirement due to a pending medical retirement.

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 7 July 2021 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 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).  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-2021-02098 in Executive Session on 8 February 2022:

, 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 26 May 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 24 June 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 July 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.