RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02748

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

In Sep 09 the applicant submitted an application to TEB to his dependents, and recently discovered that is his dependents was not eligible.  He contacted the Veteran Affairs office (VA) and the Total Force Service Center (TFSC) and was informed there was no record of his original submission.  He has never received any correspondence regarding his application after it was submitted.  He was informed by the TFSC that other applicants experienced problems with TEB requests during the time of his submission, and he considers these problems with the system a factor in why his application was not properly processed.  The applicant is requesting the board consider his original intent because he was eligible for retirement during the initial eligibility window and had an approved retirement date in the eligibility window that did not require additional service.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force chief master sergeant (E-9).

On 30 Nov 09, according to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, he separated from active duty and retired, effective 1 Dec 09.  He was credited with 30 years and 10 day active service.  

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

APPLICABLE AUTHORITY

In accordance with DoD Instruction 1341.3, Post-9/11 GI Bill Program, members are eligible to transfer benefits if their service to the Armed Forces was on or after 1 Aug 09.   If that member became retirement eligible during the period from 1 Aug 09, through 31 Jul 12 and agreed to serve the additional period, if any, specified in the following subparagraphs before 1 Aug 13 (the date that this subparagraph became no longer in effect), then that member was considered to have an approved transfer provided they fulfilled their service commitment:

•	For individuals eligible for retirement on 1 Aug 09, no additional service is required.

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  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 applicant contends he submitted a TEB application and thought his goal was accomplished.  However, the Defense Manpower Data Center (DMDC) shows no record the member applied for TEB.  

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 24 Sep 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not 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.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2021-02748 in Executive Session on 30 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 18 Aug 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 23 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 24 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.