RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00066

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

His Active Duty Service Commitment (ADSC) incurred to qualify for Post-9/11 GI Bill Transfer of Education Benefits (TEB) be changed from 7 Apr 23 to 26 Nov 22.

APPLICANT’S CONTENTIONS

On 20 Aug 18, the applicant completed and returned enlistment extension paperwork to the local Force Support Section (FSS).  However, at no fault of his own, the FSS failed to upload the enlistment extension within the TEB application window.  In Oct 18, despite multiple visits to the FSS over a four month period, the applicant reapplied for TEB and again the enlistment extension paperwork was not uploaded within the TEB application window.  The applicant believes the delays in processing the extension documents led to an ADSC of 7 Apr 23.  The applicant is unable to retire on a desired date and TEB to his dependents with the current ADSC of 7 Apr 23.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a technical sergeant (E-6).

On 4 Oct 18, according to AF Form 1411, Extension of Enlistment in the Air Force, the applicant’s Date of Separation (DOS) was extended from 1 Nov 20 to 1 Sep 22.

On 18 Apr 19, the applicant signed another AF Form 1411 and extended his DOS from 1 Sep 22 to 1 Jun 23.

On 9 May 19, according to according to AF Form 4406, Post-9/11 GI Bill Transfer of Educational benefits Statement of Understanding, the applicant entered into an Active Duty Service Commitment (ADSC) until 7 Apr 23.

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

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  There is no evidence of an error or injustice on the part of the Air Force.  On 30 Jul 18, Defense Manpower Data Center (DMDC) records show the applicant applied for TEB.  However, on 5 Sep 18, DMDC records show the application was rejected because he failed to secure the required retainability for the TEB and submit the required TEB Statement of Understanding (SOU).  On the date of rejection, the applicant’s date of separation (DOS) was 1 Nov 20 and he required retainability to 29 Jul 22.  The applicant reapplied on 22 Oct 18, and was rejected on 26 Nov 18 because he failed to secure retainability and submit the required TEB SOU within the application period.  The applicant’s AF Form 1411, Extension of Enlistment in the Air Force, dated 5 Oct 18, reflected his DOS was 1 Sep 22.  However, he required retainability to 21 Oct 22.  In accordance with AFI36-2649_AFGM2018-01, Voluntary Education Program (A13.20.1.1. and A13.20.1.5.), members must secure four years retainability from the date of application and submit the TEB SOU within the application period.  On 8 Apr 19, the applicant reapplied for TEB and was approved with a service obligation to 7 Apr 23.

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 23 Feb 22 for comment (Exhibit D), and the applicant replied on 25 Feb 22.  In his response, the applicant contended he exhausted every effort to process an extension that complied with his initial TEB request.  He attached email correspondence with the local FSS in which he submitted extension paperwork for the purpose of TEB, and subsequent requests for a status after the extension was submitted.

The applicant’s complete response is at Exhibit E.

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 the victim of an error or injustice.  While the Board notes the recommendation of AFPC/DP3SA against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board finds the applicant completed all the required actions in a timely manner but due to delays by the FSS, the processing of his 22 October 2018 application was rejected.  If not for this delay, the applicant would have successfully transferred his education benefits to his dependents and would have incurred an ADSC of 21 October 2022.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 22 October 2018, he elected and was approved to transfer his Post-9/11 GI Bill Educational Benefits to his dependents with an obligation end date of 21 October 2022.

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-2022-00066 in Executive Session on 19 Apr 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Jan 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 17 Feb 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 23 Feb 22.
Exhibit E:	Applicant’s Response, w/atchs, dated 25 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.