RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02673

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES
 
APPLICANT’S REQUEST

She be allowed to transfer her Post-9/11 GI Bill education benefits (TEB) to her eligible dependents and she receive the satisfactory service needed to fulfill her TEB service obligation.  

APPLICANT’S CONTENTIONS

While on emergency leave in Hawaii, the applicant was notified of her unit’s intentions to remove her from both military and civilian status and was advised to resign.  However, after her resignation, her unit withheld her personal property, which included deployment orders and other documentation that would verify her eligibility for TEB.  She also indicates that the unit removed her previously worked military personnel appropriation (MPA) and Inactive Duty for Training (IDT) tours, which would have provided her with the satisfactory service she needed for TEB.  She contends that duty and deployment orders required to verify eligibility for TEB and other property were withheld by her unit.  She was advised to resign from service in order to have her property and family shipped to her in Hawaii.  She submitted a resignation and was removed from the roll, transferred to the Individual Ready Reserve, passed over for promotion twice, and separated.  

In support of her appeal, the applicant has provided duty and deployment orders and other supporting documentation as verification of TEB eligibility.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve major (0-4).

On 9 Aug 2018, the applicant was notified by ARPC/DPTT of a second deferral for promotion, and that her mandatory separation date would be adjusted to 1 Jul 20.

According to documents provided by the applicant, on 15 Sep 18, she was assigned to the Individual Ready Reserve (IRR) in the Non-obligated Non-participating ready Personnel Section (NNRPS) for one and a half years.

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

AIR FORCE EVALUATION

ARPC/DPAT recommends denying the application.  There is no evidence of an error or injustice due to the lack of documentation in the applicant’s record indicating that TEB was requested.  There is no evidence of a TEB request in the applicants Personal Education Summary or service member TEB history, and no evidence of a signed Statement for Understanding in the applicant’s personnel records.  

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 8 Sep 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 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’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.  

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-2021-02673 in Executive Session on 2 Nov 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 20 Jul 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPAT, w/atchs, dated 26 Aug 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 8 Sep 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.