RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00816

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill educational benefits (TEB) to his eligible dependents (Administratively Corrected—no Board vote required).

He be allowed to transfer his Post 9/11 GI Bill education benefits (TEB) to his dependent born after his retirement date.

APPLICANT’S CONTENTIONS

On 6 Apr 11, the applicant extended his enlistment for the purpose of TEB.  In Apr 15, while attending Transition Assistance Plan (TAP) briefing, the applicant was guided by an instructor to transfer one month of education benefits to two of his dependents in eBenefits.  During TAP, the applicant also inquired about the eligibility of his son that was due to be born one month after his retirement date.  The applicant’s daughter is currently in college, and recently discovered that his dependents are not eligible for TEB.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force senior master sergeant (E-8).

On 6 Apr 11, according to the DD Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force (REGAF)/Air Force Reserve (AF Reserve)/Air National Guard (ANG), the applicant extended his enlistment for a period of 16 months for the purpose of TEB.

On 13 Apr 11, according to the Post 9/11 G.I. Bill Transfer of Educational Benefits Statement of Understanding, the applicant acknowledged his eligibility to transfer educational benefits to his dependents. 

On 31 Aug 15, according to the DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant retired from active service with twenty (20) years, eight (8) months, and seventeen (17) days.

On 2 May 22, AFPC/DP3SA notified the applicant of their determination that on 25 Mar 11 he elected to transfer his Post-9/11 GI Bill education benefits to his eligible dependents, with a service obligation of 24 Mar 15.  In addition, the applicant was provided an approval letter from the Defense Manpower Data Center reflecting his election and his records were administratively corrected.  

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 applicant’s request to transfer benefits to his dependent born after he retired.  According to the Defense Manpower Database Center (DMDC) records, the applicant has an approved TEB application effective 25 Mar 11.  However, 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 regards to eligibility of Post-9/11 GI benefits to the applicant’s dependent born a month after his retirement date.  The member retired effective 1 Sep 15 and his dependent child was born on 15 Oct 15.  In accordance with Directive-Type Memorandum (DTM) 09-003, Post-9/11 GI Bill, and Air Force Instruction (AFI) 36-2306, Voluntary Education Program, a member may add new dependents while serving in the Armed Forces but may not do so after separation or retirement.  
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 3 May 22 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 as it relates to the eligibility of Post-9/11 GI Bill benefits for his dependent born after his retirement.  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.  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 in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively.  

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-2022-00816 in Executive Session on 12 Jul 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 17 Feb 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 29 Apr 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 May 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.