RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02831

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

She discovered her dependents were ineligible for TEB when she attempted to use the benefit to pay for school.  She inquired with the Veterans Affairs (VA) office who stated she was eligible to convert her Montgomery GI Bill (MGIB) to TEB, but did not have an approved TEB application.  Since 2011, she has been receiving notification letters from the VA confirming her approved for the Post-9/11 GI Bill with 36 months of educational benefits.  She understood the approval covered her dependents for the Post-9/11 GI Bill.  So, when she was asked by the VA, she confirmed that her dependents never appeared on the verification letters.  She was briefed prior to her retirement that she was eligible to transfer the benefit because she fully paid into the MGIB, had continued active service since 11 Sep 01, and could transfer any or all of the unused benefits at any time.  She was never briefed that a TEB approval was required, that her dependents needed to be identified and given a specific amount of months, or that the approval had to be approved prior to separating from active duty.  She was also informed that she did not fulfill the required four year service obligation once the MGIB was converted to TEB.  She is requesting to TEB to her dependents despite the human errors on her part, because they do not change her original intent.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7).

On 31 Jan 11, according to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, she was honorably relieved from active duty and retired, effective 1 Feb 11.  She was credited with 20 years and 3 days of active service.  

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.  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.  In accordance with (IAW) Air Force Instruction (AFI) 36-2306, Voluntary Education Program, all requests for TEB must be submitted via the Defense Manpower Data Center (DMDC) TEB web application, while the member is on active duty.  Furthermore, IAW AFI 36-2306, based on the applicant’s total active federal military service date of 28 Jan 91, she would have incurred a 2 year service obligation with TEB approval.  Nevertheless, the DMDC shows no record the applicant applied for TEB and without a request, eligibility for the program could not be established.

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 7 Oct 21 for comment (Exhibit D), and the applicant replied on 5 Nov 21.  In her response, the applicant contended she was only advised to convert the MGIB to TEB, and was never advised to complete an additional web TEB application.  She was never briefed of a service obligation or that the conversion did not include her dependents. Once she completed the conversion process, it was her understanding that nothing further was required of her, until it was time to utilize the entitlement for her dependents.

The applicant’s complete response is at Exhibit E.

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 notes Post 9/11 GI Bill educational benefits is an entitlement uniquely established by relevant laws and regulations governing the transfer of those benefits.  The applicant has presented no evidence to substantiate she was not afforded the opportunity to secure this benefit.  Moreover, she has not shown she has been treated any differently than those similarly situated.  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-2021-02831 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/atch, dated 13 Aug 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 1 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 Oct 21.
Exhibit E: Applicant’s Response, w/atchs, dated 5 Nov 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.