RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03412

XXXXXXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

He be allowed to redistribute his Post 9/11 GI Benefits Transfer of Education Benefits (TEB) to his eligible dependents.

APPLICANT’S CONTENTIONS

He retired effective 1 May 20 during the height of COVID.  As he did not have an in-person out-processing, he may have misunderstood what he was told.  But, as he remembers, he would be able to transfer his Post 9/11 GI Bill TEB between his dependents as long as he had transferred it to at least one of his dependents before he retired.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-7).  His DD Form 214, Certificate of Release or Discharge from Active Duty, issued 30 Apr 20, credits him with 20 years, 0 months, and 18 days of active service. 

Effective 31 Jul 17, the Defense Manpower Database Center (DMDC) record shows that the applicant  allocated 36 months to only one dependent and 0 months to his other four dependents.  

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

APPLICABLE AUTHORITY/GUIDANCE

Air Force Instruction 36-2649, Voluntary Education Program, 1 Oct 14, A13.18.7. Time for Transfer, Revocation, and Modification. 

A13.18.7.1. Time for Transfer. A member approved to transfer entitlement to educational assistance under this section may transfer such entitlement to dependents only while serving as a member of the Armed Forces when the transfer is executed.

A13.18.7.2.3. A Veteran may modify entitlement or revoke entitlement among only those dependents to whom the Veteran transferred benefits prior to separating from the Armed Forces. Veterans who transferred entitlement prior to separating or retiring from the Armed Forces may not add new dependents after separation or retirement.

A13.20. AFPC/DPS Specific Procedures– Transfer of Benefits Option Responsibilities: 

A13.20.1. Members Must:  A13.20.1.4. On MilConnect, members need to a) read the "Message from the Service Component"; b) designate the number of months to each dependent. (NOTE: Any dependent who is not allocated at least one month of benefits will be ineligible for transferred benefits after member retires/separates/is deceased, per AFI 36-2306, Atch 9, para. A13.18.7.2.3; c) acknowledges all statements on the application; and d) select "Submit Request." After these actions are complete, the member's Status in MilConnect will change to "Submitted."

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  Based upon documentation provided by the applicant, DMDC records, and analysis of the facts, there is no error or injustice on the part of the Air Force.  The applicant failed to allocate a least 1 month to each of his eligible dependents prior to his retirement.

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 3 Dec 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.  Therefore, 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-2021-03412 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 21 Oct 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
            Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 24 Nov 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 3 Dec 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.