RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00589

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

In Jul 13, the applicant assumed the Statement of Understanding (SOU) was completed when he submitted an application to transfer education benefits to his dependents. He contends that he never received notification the application was incomplete and believed the transfer of benefits was successful.   However, in 2021, the applicant discovered his dependent was ineligible for education benefits after he applied through the Department of Veterans affairs and was denied a Certificate of Eligibility.  The applicant contends he exceeded the required four-year commitment and is currently serving in his thirty-seventh (37) year.  The applicant is requesting to TEB to his dependents because his family deserves the benefits, and he does not plan to use the educational benefits for himself.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard lieutenant colonel (O-5).

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

AIR FORCE EVALUATION

ARPC/CCX recommends denying the application.  There is no evidence of an error or injustice on the part of the Air Force.  The applicant contends that he submitted an application for TEB in Jul 13, but was unaware of the denial because he failed to submit an SOU.  However, there is no evidence the applicant submitted an application for TEB.

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 18 Aug 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 ARPC/CCX and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board found no evidence the applicant submitted an application for TEB.  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-2022-00589 in Executive Session on 11 Oct 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, dated 13 Jun 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/CCX, dated 18 Aug 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 23 Aug 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.