RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03569

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES
 
APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill education benefits (TEB) to his eligible dependents.

APPLICANT’S CONTENTIONS

He recently discovered that his dependents were not appearing as eligible for TEB.  He was advised by a Veteran Affairs (VA) education representative to transfer from the Montgomery GI Bill to the Post-9/11 GI Bill and distribute at least one month of benefits to each of his dependents.  This in turn would allow him to redistribute the benefits after he retired.  Immediately, he did as instructed and completed the application.  He believed the benefits would be available for his dependents after he retired; however, he is the only one listed for the benefit.  He does not have documentation to support the error; however, he believes that he followed to proper process.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard master sergeant (E-7).

On 31 Mar 17, according to Special Orders No. XX-XXXX, dated 24 Jan 17, the applicant was relieved from active duty and retired effective 1 Apr 17.  He was credited with 25 years, 7 months, and 16 days active service for retirement.  

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

AIR FORCE EVALUATION

NGB/A1Y recommends denying the application.  Based on the documentation provided by the applicant and an analysis of the facts, there is not enough evidence to approve the applicant’s request.   There is no history of the applicant transferring his benefits to his dependents in the Defense Manpower Data Center Milconnect or signing a Statement of Understanding to stay four more years from the date of transfer.    

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 7 Feb 22 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 NGB/A1Yand finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The board notes there was no evidence in the Defense Manpower Data Center the applicant completed a TEB statement of understanding or applied to transfer education benefits to his dependents.  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.

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 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-2021-03569 in Executive Session on 19 Apr 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 7 Oct 21.  
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/A1Y, w/atchs, dated 3 Feb 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 Feb 22.

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.