RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03363

XXXXXXXXXXXX	COUNSEL:XXXXXXX
	
	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his spouse.

APPLICANT’S CONTENTIONS

He was never informed of the educational transferability requirement of one month to his spouse.  He retired at a geographically remote unit that did not have an education office, nor assigned personnel who would have briefed this requirement.  He has 18 months of eligibility remaining and had he known of this requirement before he retired, it would have been accomplished.  It is no fault of his that there was no briefing capability at his remote site to ensure compliance.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard (ANG) colonel (0-6).  

On 16 XXX 14, according to Special Order Number XXXXXX, the applicant is to be relieved from his present reserve assignment effective 28 Feb 14, and retired in the grade of colonel (0-6), effective 1 Mar 14.  He was credited with 22 years, 3 months, and 7 days of active service for retirement.

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

APPLICABLE AUTHORITY/GUIDANCE

Title 38 United States Code Section 3319, Authority to transfer unused education benefits to family member, (f) (1) (l) states: “an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.” 

In accordance with (IAW) AFI 36-2306, Voluntary Education Program, 13 Aug 10:

 A9.18.1.4.1. For those members eligible for retirement on 1 August 2009, no additional service is required.

A9.20.1.2. Designate the beneficiary of the transfer benefit, state how many months are transferred, and indicate when the benefits can be used via TEB.

AIR FORCE EVALUATION

NGB/A1Y recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is not enough evidence to approve the applicant’s request to transfer his education benefits to his spouse.  The applicant transferred his Post-9/11 TEB to his dependents via MilConnect on 13 Jul 12 and did not incur an obligation due to being retirement eligible on 22 Dec 02.  The applicant contends he was not briefed by the Retention Officer Manager that he had to transfer a month of education benefits to his spouse before he retired in order for her to use the benefits.  However, he completed a Statement of Understanding with the Retention Officer Manager and used the Defense Management Data Center (DMDC) MilConnect website to transfer his benefit to his stepchild.  The TEB section in MilConnect states that individuals may transfer benefits only while serving in the Armed Forces.  As such, an individual may not add family members after retirement or separation from the military service.  The applicant would have met with a Retention Office Manager to process the TEB request and receive the message in MilConnect regarding the transfer of his GI Bill benefits to his dependents.  

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 15 Nov 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 NBG/A1Y 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-2021-03363 in Executive Session on 11 Jan 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 20 Aug 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/A1Y, dated 4 Nov 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 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.