RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03416

XXXXXXXXXXXXXXX	COUNSEL: XXXXXXX
	
	HEARING REQUESTED: XXX	

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

In Nov XX, while stationed at Shaw AFB, he transferred all 36 months of his eligibility to his spouse, whom he married in Oct XX.  In Oct XX, when he went into MilConnect to transfer some months to his son, he was confused as it showed 0 months eligibility for his spouse.  He contacted the Total Force Service Center for assistance and was informed that “this glitch happens every now and then” and that he needs to submit a DD Form 149 for a correction so that he isn’t required to incur a 4 year extension to his active duty service commitment (ADSC) which is currently Mar XX.  He does not have anything showing he submitted the transfer originally in 20XX. He was stationed at Shaw AFB, SC and doesn’t have any emails that date back to that time especially after three permanent change of station (PCS) moves since then. He is 100% certain he transferred the eligibility to his spouse and his spouse remembers him telling her he did it as well.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an active duty Air Force major (0-4).

For more information, see the applicant’s submission at Exhibit A and the advisory at Exhibit B.

APPLICABLE AUTHORITY/GUIDANCE

In accordance with AFI 36-2649, Voluntary Education Program, dated 1 0ct 14:

A13.18.9.3. Once certifying officials have approved a request to transfer benefits, Airmen may print a hard copy of the certified TEB request for their personal records.  Additional service commitments will be recorded in the appropriate personnel system(s).  Additional service commitments resulting from transferring unused Post-9/11 GI Bill benefits begin on the date of request and are served concurrent with any other additional service commitment in effect at the time of the transfer or incurred at any time after the request to transfer benefits. Transfer of Post- 9/11 GI Bill benefits, in and of itself, will not limit any other reenlistment option or incentive to which a member may be eligible.

A13.18.1.1. Any member of the Armed Forces (active duty and/or Selected Reserve) on or after August 1, 2009 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following:  A13.18.1.1.1. Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve 4 additional years in the Air Force from the date of request, regardless of the number of months transferred, 

A13.18.7.2.2. A member may add new dependents, modify entitlement for existing dependents, or revoke entitlement while serving in the Armed Forces

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  Based upon analysis of the facts, there is no evidence of an error or injustice. The Defense Manpower Data Center (DMDC) shows no record that the applicant applied for TEB.

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 23 Nov 21 for comment (Exhibit C), 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.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2021-03416 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, w/atchs, dated 15 Sep 21.
Exhibit B:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 18 Nov 21.
Exhibit C:	Notification of Advisory, SAF/MRBC to Applicant, dated 23 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.