RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02141

XXXX X. XXXX	COUNSEL: NONE

	 	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

He be allowed to transfer his Post 9/11 GI Bill education benefits (TEB) to his dependents.

APPLICANT’S CONTENTIONS

On Jun 13, he applied for TEB that was equally divided between his three children.  At the time he had an issue that prevented him from immediately getting the retainablity to execute the transfer.  On Oct 13, he reenlisted and was under the impression everything was completed.  He checked virtual military personnel flight and saw the benefit was divided 34/33/33 and he also had a service commitment.  He tried to use the benefit for one of his children and found the benefit was not transferred as believed.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 09 Oct 13, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant reenlisted for 4 years and 22 months.

On 15 Oct 13, the applicant signed AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding.  The form shows that the applicant would have obtained a four-year active duty service commitment with and obligation end date of 20 Jun 17 with TEB approval.  

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 6 Nov 11.  The application was rejected on 21 Nov 11 because the applicant failed to secure retainability and submit the required TEB Statement of Understanding (SOU) within the application period.  The applicant reapplied on 20 Jun 13.  The application was rejected on 23 Jul 13 because he failed to secure retainability and submit the required TEB SOU within the application period.  The applicant’s date of separation at the time of application was 19 Aug 15.  In accordance with AFI 36-2306_AFGM2, Voluntary Education Program, A9.18.1.2. and A.9.20.1.1., members must secure 4 years retainability from the date of application and complete and submit the required TEB SOU.  The applicant initiated his reenlistment on 17 Sep 13, 56 days after application rejection.  The applicant did not secure retainability or submit the required TEB SOU within the application period.  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 21 Jul 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 the victim of an error or injustice.  While the Board notes the recommendation of AFPC/DP3SA against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  Whether or not the applicant signed the SOU or formally obtained the retainability, he certainly served more than the required four years after the date of his attempted transfer of education benefits.  The Air Force received all the service it would have if the applicant had adhered to the formalities of the process.  To deny relief in this circumstance would be to place form over substance, to the detriment of the applicant.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show on 20 Jun 13, he elected and was approved to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents with an obligation end date of 20 Jun 17.

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-2021-02141 in Executive Session on 14 Sep 21 and 10 Nov 21:

	, Panel Chair 
	, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 14 Jun 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 16 Jul 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 21 Jul 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.