RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00136

XXXXXXXXXXXXXXXX	COUNSEL: XXXXXX

	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

His 2018 Post 9/11 GI Bill Transfer of Benefits application date be adjusted along with the associated active duty service commitment (ADSC) so he can retire at his 20 year point.

APPLICANT’S CONTENTIONS

While assigned as a military training instructor at Lackland AFB, he applied for TEB and due to the demands of his job, he leaned heavily on the local military personnel flight (MPF) for assistance as the process was unfamiliar. The first time he applied, he was told he did not complete the required paperwork within the allowed time frame.  He reenlisted on 10 Sep 18 and reapplied for TEB, but was disapproved as his reenlistment paperwork and SOU were missing from his records.  A year later he caught the clerical error, reapplied, and was approved. 

The main reason for his request is due to post traumatic stress syndrome disorder (PTSD) and the inability to deploy again in service to his country and he would greatly appreciate his children be allowed to use the benefits earned by their father’s honorable 20 year service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force master sergeant (E-7).  

On 18 May 15, according to the Defense Manpower Data Center (DMDC), the applicant submitted an application for TEB.  

On 22 Jun 15, his TEB application was rejected because he did not commit to the required additional service time.  

On 9 Mar 18, according to the DMDC, he submitted another application for TEB.

On 20 Apr 18, his application was rejected again because he had not committed to the required additional service time.

On 10 Sep 18, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant reenlisted for a period of 3 years and 10 months for the purpose of an approved base of preference (BOP) and a total of 20 years of active duty service.  This reenlistment established a date of separation (DOS) of 9 Jul 22.

On 11 Oct 18, according to the DMDC, he resubmitted his application for TEB.

On 13 Nov 18, according to DMDC, his application was rejected again because he had not committed to the required additional service time.

On 1 Jul 19, according to the DMDC, the applicant applied once again for TEB.

On 31 Jul 19, according to the DMDC, the applicant was approved for TEB with an obligation ending date of 30 Jun 23.    

On 23 Jul 19, according to AF Form 1411, Extension of Enlistment in the Air Force, the applicant extended his enlistment for a period of 12 months for the purpose of the GI Bill and established a DOS of 9 Jul 23.

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

APPLICABLE AUTHORITY/GUIDANCE

Air Force Instruction 36-2649_AFGM2015-01, Air Force Voluntary Education Program: A13.18.1.1. Any member of the Armed Forces (active duty and/or Selected Reserve) on or after August 1, 09 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:  Has at least 6 years of service in the Armed Forces 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.

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.  In accordance with Air Force Instruction 36-2649_AFGM2015-01, a member must agree to and secure four years of retainability from the date of their application within the 30 day application period.  The applicant fail to secure the required retainability for his TEB until he reapplied on 1 Jul 19 and was approved with an obligation ending date of 30 Jun 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 7 Mar 22 for comment (Exhibit  D), 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.  While the applicant claims PTSD, he provides no supporting evidence.  Absent supporting evidence, the Board is unable to address this issue at this time and will reconsider the applicant’s request only when such evidence is provided.  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-2022-00136 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 20 Jan 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, 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.