RECORD OF PROCEEDINGS

IN THE MATTER OF:                                     DOCKET NUMBER: BC-2021-02231

XXXXXXXXXX                                                 COUNSEL: NONE
	
                                                                              HEARING REQUESTED: NOT INDICATED

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill education benefits (TEB) to his dependents based on his intention to meet the four year retainability requirement.  

APPLICANT’S CONTENTIONS

He enrolled in the Montgomery GI Bill program while on active duty from 1997 to 2001, and used a portion of the program to complete his Master’s degree.  He returned to the Air Force Reserve in 2011, and has a current Mandatory Separation Date (MSD) of 1 Apr 24.  He desires to transfer the remaining 15 months to his dependents.  However, the MSD does not allow him to complete the four year service commitment.  He has been successfully applying for MSD waivers since 2015 and intends to continue serving until he turns 62 on 25 Jun 26.  He believes he will be approved for another waiver, and is requesting to have his eligibility for TEB reviewed to allow the benefit to be paid after he completes four years of selective reserve service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve colonel (O-6).

On 16 Mar 87, according to AF Form 133, Oath of Office (Military Personnel), the applicant entered the Reserve of the Air Force.

On 3 Aug 97, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant entered active duty and was honorably discharged after four years of active service, effective 2 Aug 01.

On 15 Jun 11, according to AF Form 133, the applicant entered the Reserve of the Air Force.

On 26 Jun 15, the Secretary of the Air Force (SecAF) approved the applicant’s retention in active status until 1 Apr 18.  

On 23 Feb 18, the SecAF approved the applicant’s retention in active status until 1 Apr 21.

According to the Air Force’s My Personnel Services (MyPers), the applicant’s MSD is currently 1 Apr 24.

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

AIR FORCE EVALUATION

HQ ARPC/DPAT recommends denying the application.  The applicant elected to TEB to his dependents on 30 Apr 21.  Eligibility for TEB requires an applicant to incur a four year service obligation.  The applicant does not enough retainability to be eligible for TEB because his MSD expires on 1 Apr 24.  The applicant can reapply for TEB if he receives an Exception to Policy (ETP) that extends his MSD to allow for completion of a four year service obligation.  

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 26 Aug 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 HQ ARPC/DPAT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.  

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-2021-02231 in Executive Session on 12 Oct 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/atchs, dated 6 May 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, HQ ARPC/DPAT, w/atchs, dated 21 Jul 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 26 Aug 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.