RECORD OF PROCEEDINGS

IN THE MATTER OF:                                  DOCKET NUMBER: BC-2021-03722

XXXXXXXXXXX                                           COUNSEL: NONE

                                                                          HEARING REQUESTED: NONE INDICATED

APPLICANT’S REQUEST

She be allowed to transfer her Post 9/11 GI Bill Transfer of Educational Benefits (TEB) to her eligible dependents based on her original request date of Sept 17.

APPLICANT’S CONTENTIONS

This correction should be made because she received the required retainability.  At the time of application, she had not received any feedback (approval or denial) so she thought there were not any issues.  However, as she was going through transition classes, it was recommended to call the Air force Personnel Center (AFPC) to confirm the approval of her TEB.  Upon calling, she was made aware that her application had been rejected.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force senior master sergeant (E-8).

According to the applicant’s Report on Individual Personnel, she has a Total Active Federal Military Service Date (TAFMSD) of 16 Jul 02 and 19 years of satisfactory service.  

On 12 Sep 17, according to Defense Manpower Data Center (DMDC) records, the applicant applied for TEB.  

On 13 Oct 17, according to DMDC records, the applicant’s application was rejected as the applicant failed to secure retainability within the required application period.  

On 29 Jun 18, the applicant signed AF Form 1411, Extension of Enlistment in the Air Force, that extended her current enlistment for a period of 28 months and gave her a new date of separation (DOS) of 3 Oct 21.

On 3 Dec 18, the applicant signed AF Form 4406, Post 9/11 G.I. Bill Transfer of Educational Benefits Statement of Understanding, acknowledging a four-year service commitment with TEB approval.  

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

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-2649_AFGM2015-01, Air Force Voluntary Education Program:

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.

A13.20.1.1. If enlisted, ensure the member meets all eligibility requirements outlined in AFI 36-2306, Attachment 9, para. A13.18.1.2 or A13.18.1.3 prior to applying for TEB. Required retainability is determined by the date of application. Officers, who may have an indefinite Date of Separation (DOS), are only required to complete the TEB Statement of Understanding (SOU).

A13.20.1.5. Upon receipt of the Initial Notification email from the Total Force Service Center (TFSC), the member must: a) obtain retainability to meet the eligibility requirements; and b) sign the TEB SOU (NOTE: the TEB SOU will only appear in the member's vMPF/Self Service Actions/Transfer of Education Benefits) once 72 hours have passed since submitted the application in MilConnect AND the member meets the retainability requirements). Both of these actions must be accomplished within 30 days of the TFSC Initial Notification or the application will expire and the member will be required to re-apply for TEB.

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  Based upon the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice on part of the Air Force.  In accordance with AFI 36-2649, members must secure retainability and complete the required TEB Statement of Understanding within 30 days of the initial notification.  While the applicant applied for TEB on 12 Sep 17, she did not initiate her extension of enlistment until eight months after her TEB application closed. As such, she failed to secure the required retainability within the TEB application window. 

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 Dec 21 for comment (Exhibit D), and the applicant replied on 5 Jan 22 (Exhibit E).  In her response, the applicant contended that the only injustice from an Air Force’s perspective is that she did not receive notification that her application was rejected but she was still able to extend under TEB.  The military personnel squadron ensures that members are qualified to reenlist and checking the Selective Reenlistment Bonus qualification, it seem appropriate that they would also check that a member’s TEB is secured and finalized prior to inputting the reenlistment or extension into the system.  She’s not looking for a pass for the lack of awareness on her part, just for understanding so as to ensure the education benefits for her children.

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.  We note the applicant’s assertion that if a member wishes to transfer educational benefits, prior to inputting the extension/reenlistment into the system, there should be a means of validating the member meets the required reenlistment/extension period to secure and finalized the requested TEB.  Evidence reflect, when the applicant applied for TEB, she agreed to secure a 4 year active duty service commitment and if needed, she would acquire the active duty service commitment through reenlistment or an extension.  We further note the applicant has presented no evidence to show the Air Force prevented her from verifying and securing this very important benefit or that she was treated any differently than those similarly situated.  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-2021-03722 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, w/atch, dated 30 Nov 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 14 Dec 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Dec 21.
	Exhibit E:  Applicant’s Response, dated 5 Jan 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.