RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02186

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

She was unaware of the TEB process to list dependents and monetary allocation prior to retirement.  She was deployed January 2009 through July 2009 and moved from XXX to XXX immediately upon return.  She further states, she was never informed of the education briefings related to Post-9/11 and was never offered to attend any of the briefings.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 31 August 2010, the applicant was relieved from active duty and on 1 September 2010, she retired after serving 21 years, 7 months and 28 days total of active service.

No record was found in the applicant’s personnel file of a signed 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.

APPLICABLE AUTHORITY/GUIDANCE

Directive-Type Memorandum (DTM) 09-003: Post 9/11 GI Bill, 
Attachment 2, paragraph 3.a : Eligible Individuals.  Any member of the Armed Forces on or after August 1, 2009, who, at the time of the approval of the individual’s request to transfer entitlement to education assistance under this section, is eligible for the Post-9/11 GI Bill, and
(3)(a) For those individuals eligible for retirement on Aug 1, 2009, no additional service is required.

AFI 36-2306, Voluntary Education Program, dated 13 Aug 10, Attachment 9.
A9.18. Transferability of unused benefits to dependents. 
A9.18.7. Time for Transfer, Revocation, and Modification. 
A9.18.7.1. Time for Transfer. A member approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.
A9.18.9. Transfer of Benefits Procedures. All requests and transactions will be completed through the TEB Web application at https://www.dmdc.osd.mil/TEB/.  Airmen are responsible for correcting inaccurate information. Airmen may request certification of Post-9/11 GI Bill eligibility from the DVA’s website prior to requesting to transfer of benefits.
	A9.18.9.3. Once certifying officials have approved a request to transfer benefits, Airmen may print a hard copy of the certified TEB request for their personal records.  Additional service commitments will be recorded in the appropriate personnel system(s).  Additional service commitments resulting from transferring unused Post-9/11 GI Bill benefits begin on the date of request and are served concurrent with any other additional service commitment in effect at the time of the transfer or incurred at any time after the request to transfer benefits.  Transfer of Post-9/11 GI Bill benefits, in and of itself, will not limit any other reenlistment option or incentive to which a member may be eligible.
A9.20. AFPC/DPS Specific Procedures (Active Duty) – Transfer of Benefits Option Responsibilities:
	A9.20.1. MEMBERS MUST:
		A9.20.1.3. Apply for this option through DMDC's (TEB) website (https://www.dmdc.osd.mil/TEB/).

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.), cites the date of request as the date on which the appropriate service obligation would be applied.  In accordance with DTM 09-003, Attachment 2, 3.g.(1) and 3.i. and AFI 36-2306_AFGM1, The Education Services Program, 18.g.(1) and 18.i., all requests for TEB must be submitted via the DMDC TEB web application while serving as a member of the Armed Forces.

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 July 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 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.   In this respect, the Board finds the applicant more likely than not was not made aware of the steps necessary to complete the transfer of benefits.  Additionally, during this timeframe, the TEB program was newly established and guidance and information was limited.  The Board does not find it reasonable that she would have knowingly elected not to take the necessary action in order to ensure she retained this entitlement for her dependents.  Therefore, in the interest of justice, 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 that on 1 August 2009, her request to transfer her Post-9/11 GI Bill Educational Benefits to her dependents, with no additional service obligation, was approved.

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-2021-02186 in Executive Session on 12 October 2021:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atch, dated 20 June 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 16 July 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 21 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.