RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02151

XXXX X. XXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His 2018 transfer education benefits (TEB) application request be approved.

APPLICANT’S CONTENTIONS

He has served 19 years and would like to retire for health and family reasons in 2022.  He has applied for TEB multiple times throughout the last decade without success.  Given the time he has already served in the Air Force, he has exceeded the minimum amount of service time necessary for this benefit.  If his service commitment is not adjusted it will cause additional stress to him and his family. 

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 23 Jul 19, the applicant signed that he understood and acknowledged section I of AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding.  It states, “I will incur a service obligation of 4 years and an Active Duty Service Commitment (ADSC) will be updated in my records effective from the date of application in the Defense Manpower Data Center (DMDC) Transfer of Education Benefits (TEB) website and reported to Department of Veteran Affairs (DVA).”  This four year service obligation gave the applicant a 30 Jun 23 ADSC.

On 1 Aug 19, the applicant was promoted to master sergeant (E-7) and extended his HYT to 24 years of service, thus giving him the retainability required for approval of his TEB.  

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.  DMDC records show the applicant applied for TEB 1 Aug 18.  The application was rejected 2 Aug 18 due to a High Year Tenure (HYT) restriction.  The applicant reapplied 25 Sep 18 and the application was rejected 26 Sep 18 due to a HYT restriction.  The applicant reapplied 29 Oct 18, and the application was rejected on 3 Dec 18.   The applicant failed to secure retainability and submit the required TEB Statement of Understanding (SOU) within the application period.  The applicant has an approved TEB application effective 1 Jul 19, with an ADSC of 30 Jun 23.  

Department of Defense Instruction, Incorporating Change 1, July 12, 2018, Post 9/11 GI Bill, Enclosure 3 [3.a.(2)], deleted the option for members with at least 10 years of service to serve for the maximum amount of time allowed by policy or statute.  Implementation of the deletion was deferred effective 25 Oct 18 for a period of 1 year from the effective date of Change 1.  In accordance with AFI36-2649_AFGM2018-01, Voluntary Education Program (A13.18.1.1. and A.13.20.1.), members must secure required retainability from the date of application and submit the required TEB SOU within the 30-day application period.

The applicant was ineligible for TEB in Aug and Sep 18 due to a HYT restriction and did not secure the required retainability or submit the require TEB SOU within the application period in Oct 2018.  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 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.

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-2021-02151 in Executive Session on 14 Sep 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/atch, dated 15 Jun 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 19 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.