RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02974

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

He be allowed to transfer approximately twenty-seven months of Post-9/11 GI Bill education benefits (TEB) from XXX to XXX. 

APPLICANT’S CONTENTIONS

He was not informed of the requirement to have his children listed with a minimum of at least one month of benefits prior to separation.  His daughter is losing out on a valuable educational benefit.  Moreover, he wants her to attend college without incurring a massive amount of debt.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force senior airman (E-4).

On 18 Dec 12, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant separated honorably with twelve years, two months, and twenty-eight 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 or an error or injustice on the part of the Air Force.  The applicant’s contention of his failure to allocate at least one month of education benefits to his daughter is irrelevant.  His TEB eligibility was forfeited upon separation because he failed to complete the service obligation assessed with TEB approval.  The Defense Manpower Data Center (DMDC) records show the applicant was approved for TEB effective 5 Aug 11 with a service commitment of 4 Aug 15.  On 18 Dec 12, the applicant separated from active service for failure to meet physical standards.  In accordance with Directive-Type Memorandum (DTM) 09-003, Post 9/11 GI Bill, Attachment 2 [3.h.(5)(a)] and Air Force Instruction (AFI) 36-2306, Incorporating Change 1, Voluntary Education Program (A9.18.8.5. and A9.18.8.6.), a member who separates or is released from the Armed Forces prior to completing the agreed upon service commitment will have the transfer of benefits revoked by the Department of Veterans Affairs.  

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 Jan 22 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-2021-02974 in Executive Session on 19 Apr 22:

, 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 25 Aug 21.
Exhibit B: Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 6 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 21 Jan 22.

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.