RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00008

XXXXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His record be corrected to reflect his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his daughter was approved.

APPLICANT’S CONTENTIONS

Prior to his retirement, he took action to transfer all 36 months of his Post-9/11 GI Bill benefits to his daughter.  In July 2010, the only instruction he received on the matter was to make the transfer on the MilConnect website.  He remembers doing so, as he has a checkmark next to a note in a personal checklist. He also remembers that he received no approval or disapproval, and when he asked about this during his final out-processing, he was told that the only action necessary to transfer his benefit was to do so via MilConnect and that they were not able to provide verification that he had transferred his benefit.  Since a couple of his peers had a similar experience, he trusted no further action was necessary.  He reached out to the Total Force Service Center (TFSC) to find an administrative solution but they have no record of him transferring his benefits on MilConnect and said that they could not make a post-retirement correction.  The November 2021 TEB Beneficiary Guide provides a lot of information that was not available to him back in 2010.  He assumes he missed a step somewhere, but he knows he accomplished the one and only task directed at the time to transfer his benefits.  Based upon his queries prior to his retirement and subsequent discussions with his peers, he believes that this issue was caused due to a lack of adequate guidance at the time.  He is eligible for the benefit and was eligible at the time of transfer.  He has exhausted administrative avenues of relief with the Department of Veterans Affairs (DVA) and the TFSC and sincerely hopes that the Board will correct his record.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (0-5).

According to his DD Form 214, Certificate of Release of Discharge from Active Duty, dated 30 Nov 10, the applicant was honorably separated and retired effective 1 Dec 10.  He was credited with 21 years, 9 months, and 4 days of active service.

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

APPLICABLE AUTHORITY/GUIDANCE

In accordance with DODI, 1341.13, Post-9/11 GI Bill, no additional service commitment was required for individuals eligible for retirement on or before 1 Aug 2009.  

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice on the part of the Air Force.  The Defense Manpower Data Center (DMDC) shows no record the applicant applied for TEB.  Without a request, eligibility for the program could not be established.  In accordance with (IAW) Directive-Type Memorandum (DTM) 09-003, Post-9/11 GI Bill and Air Force Instruction (AFI) 36-2306, Voluntary Education Program, the date of request is cited as the date in which the appropriate service obligation would be applied.  In addition, IAW AFI 36-2306, all request for TEB must be submitted via the DMDC TEB web application while on active duty.  

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 Mar 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 AFPC/DP3SA 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-2022-00008 in Executive Session on 14 Jun 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 19 Dec 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 18 Feb 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 Mar 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.