RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00808

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

He met all of the submission requirements to transfer his benefits to his dependents while still in uniform.  He believes the error regarding his benefits is an oversight by his former Wing.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 30 November 2021, NGB Form 22, National Guard Report of Separation and Record of Service, reflects the applicant was honorably discharged in the grade of lieutenant colonel after serving 25 years, 11 months and 10 days of total service for retired pay.  His narrative reason for separation reflect “Transfer to the USAF Retired List – AGR Only//20 Years or More of TAFMS//Age 60, SPD: SBD.”

Special Order XXX, dated 30 December 2021, reflect the applicant was transferred to the Air Force Reserve and assigned to HQ ARPC effective 1 December 2021.  Applicant applied for transfer to the USAF Reserve Retired List.

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.  Based on the documentation provided by the applicant and analysis of the facts, there is not enough evidence to approve the applicant’s request to transfer his benefits to his dependents.  The TEB section in MilConnect states “Your TEB transfer request will not be processed unless there is an SOU on file.  Please note the following: (1) You may also be required to reenlist, extend your current enlistment, extend and/or sign a Reserve Service Commitment to obtain the required retainability for the Transfer of Benefits.”  This is in accordance with DoDI 1341.13, paragraph 3.a.(1). “Members must be eligible to be retained for four years from the date of election and not be precluded, prior to approval, by either standard policy (Service or DoD) or stature.”  The Post 9/11 TEB is a retention tool that requires a service obligation.  A member must transfer this benefit while in service and agree to a service obligation of four years.  The applicant did apply for TEB while in service through the DMDC MilConnect website; however, he did not see the Retention Office Manager, there is not an SOU on file nor did he have the four years of retainability for the TEB approval.

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 15 May 2022 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 NGB/A1Y and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

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-2022-00808 in Executive Session on 12 July 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, dated 2 February 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/A1Y, dated 25 April 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 May 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.