RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03085

XXXXXXXXXXXXX	COUNSEL:XXXX
	
	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

His daughter be allowed to receive Post-9/11 GI Bill Transfer of Education Benefits (TEB).

APPLICANT’S CONTENTIONS

He did not use all of his education benefits and wishes to transfer them to his daughter to offset tuition costs.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6).

According to his DD Form 214, Certificate of Release of Discharge from Active Duty, dated 31 Jan 11, he was credited with 20 years, 10 months, and 4 days of active service and 10 years, 14 months of foreign 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.  Defense Manpower Data Center (DMDC) shows no record the member applied for TEB. Without a request, eligibility for the program could not be established.  In accordance with Air Force Instruction (AFI) 36-2306, Voluntary Education Program, all requests for TEB must be submitted via the DMDC TEB web application while serving as a member of the Armed Forces. Additionally, based on member’s total active federal military service date, 27 Mar 90, he would have incurred a 1-year service obligation with TEB approval.  

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 26 Oct 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/DP3SP 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).  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-2021-03085 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, dated 16 Sep 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, w/atchs, dated 25 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 26 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.