RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00683

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his dependent.

APPLICANT’S CONTENTIONS

He was not advised that he needed to complete a form to include his children for educational benefits.  He is asking that his youngest daughter be able to use the benefit to accomplish her two-year degree and eventually obtain her bachelor’s degree. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard technical sergeant (E-6).

On 30 December 2007, according to NGB Form 22, Report of Separation and Record of Service, the applicant retired from the Air National Guard in the grade of technical sergeant.  His separation code reflects RBD “Transfer to the USAF Reserve Retired List (ANG Only).”  He served 21 years total service for retired pay.

Reserve Order XXX, dated 21 August 2007, reflects the applicant was assigned to the Retired Reserve Section “ZA” and placed on the USAF Reserve Retired List effective 31 December 2007.

Reserve Order Number XXX, dated 24 November 2015, reflects the applicant retired on 9 December 2015 in the grade of technical sergeant and was placed on the USAF Retired List, Retired Reserve Section ZB.  The applicant served 21 years, 5 months and 19 days of service per Title 10 and 30 years, 4 months and 27 days service for basic pay.

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

AIR FORCE EVALUATION

NGB/A1Y recommends denying the application.  The Defense Manpower Data Center (DMDC) MilConnect shows no history of the applicant transferring his Post 9/11 benefit while in service.  Based on the documentation provided by the applicant and analysis of the facts, there is not enough evidence to approve the request.  In accordance with AFI 36-2306, Chapter 33, Post-9/11 GI Bill Department of Veterans Affairs, A9.3. Applies to military personnel of the following components: Air Force Active Duty, The Air Force Reserves and Air National Guard (Active, Reserve and Guard).  The Post-9/11 GI Bill is effective 1 August 2009.  A9.18.1.1 Any member of the Armed Forces (active duty and/or Selected Reserve) who meets Post 9/11 GI Bill eligibility requirements and at the time of the approval of the members request to transfer entitlement to education assistance. A9.18.1.4. Is or becomes retirement eligible during the period from 1 August 2009 through 1 August 2012 and agrees to serve the additional period, if any, specified below. A9.18.1.4.8. Paragraph A.10.18.1.4. does not apply to any member who retired on or before 1 August 2009 unless recalled to active duty and serving on or after 1 August 2009.  The applicant separated before the program was available on 1 August 2009 and would only be eligible if called to duty after 1 August 2009; therefore, he is not eligible for the Post 9/11 Transfer.

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 14 June 2022 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 NGB/A1Y 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.

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 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-2022-00683 in Executive Session on 9 August 2022: 

, 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 28 February 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/A1Y, dated 7 June 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 14 June 2022.

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.