RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02995

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES
 
APPLICANT’S REQUEST

His Post-9/11 GI Bill Transfer of Education Benefits (TEB) Obligation End Date (OED) be changed from 14 Jan 24 to 19 May 18.

APPLICANT’S CONTENTIONS

He reenlisted out of cycle on 19 May 14 for the purpose of TEB to his dependent; however the base Military Personnel Flight (MPF) neglected to update the TEB Statement of Understanding (SOU) in his personnel records.  He discovered this error when he attempted to allocate benefits to his second newborn child.  He inquired with the Air Force Personnel Center (AFPC) and was informed the TEB SOU for the 19 May 14 application was not included with his reenlistment documents, and that he was sent three emails in Apr 14.  He did not have access to his email in Apr 14 because he was at Lackland AFB, TX attending the Non-Commissioned Officer Academy.  He spoke with the Non-Commissioned Officer In Charge (NCOIC) of the reenlistment section between 2014 and 2015, and discovered the TEB SOU and reenlistment documents were physically mailed to AFPC.  He was informed the local MPF was directed by AFPC to correct a large number of erroneous enlistment packages; however, the suspense was missed and the packages were not corrected.  He believes his original package was one of the erroneous packages identified by AFPC.  He currently has twenty-one (21) years of service, has since reapplied for TEB incurring a service obligation end date of 14 Jan 24 and is unable to retire due to the mishandling of his TEB SOU in 2014.  He is requesting that his service obligation be retroactive to 19 May 18 since he remained in service for that entire enlistment period.

The applicant submitted a Memorandum for Record (MFR) from the former NCOIC of the Career Development section who supports the applicant’s claim and confirms that a large number of reenlistment documents were physically mailed to AFPC during the timeframe the applicant states he submitted his TEB documents.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 13 May 14, according to AF Form 901, Reenlistment Eligibility Annex to DD Form 4, the applicant answered “yes” to question D in Section II. MPS Action; “The reason for this reenlistment is to qualify for transferability of Post 9/11 GI Bill.” 

On 19 May 14, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant reenlisted for four (4) years and thirteen (13) months.

On 22 Feb 19, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant reenlisted for five (5) years and three (3) months.

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.  On 9 Apr 14, the applicant applied for TEB, however, it was rejected on 9 May 14 because he failed to secure retainability and submit the required TEB SOU within the required application period.  It is noted, the TEB SOU is submitted electronically via the Virtual Military Personnel Flight (vMPF) and not processed by base MPF personnel.  On 19 May 14, the applicant reenlisted and reapplied for TEB on 21 May 14.  On 22 May 14 and 6 Jun 14, the applicant was sent emails with instructions on how to complete and submit the TEB SOU.  On 23 Jun 14, his subsequent application was rejected because the TEB SOU was once again not completed within the application window.  The applicant then reapplied for TEB on 15 Jan 20 and his TEB application was approved with a service OED of 14 Jan 24.

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 22 Oct 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 AFPC/DP3SA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board took note of the applicant’s contentions why his SOU was not submitted within the required timeline to include the MFR from the former NCOIC of the Career Development section.  However, the Board will need to see documentation that the system was unavailable beyond the applicant’s statement.  Therefore absent the additional requested documentation, the Board recommends against correcting the applicant’s records.

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-2021-02995 in Executive Session on 8 Feb 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 2 Sep 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 19 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 22 Oct 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.