RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00952

XXXXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

She be allowed to transfer her Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to her eligible dependent children.

APPLICANT’S CONTENTIONS

She paid into her Montgomery GI Bill (MGIB) and did not use it.  So, she transferred her MGIB into her Post-9/11 GI Bill with the expectation that her children could use her benefits, but this is not reflected in her records.  There was no break in service between her active duty service and her reserve service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably separated Air Reserve staff sergeant (E-5).

On 19 Jun 96, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant entered the Regular Air Force.

On 3 Jul 96, according to DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB), she enrolled in MGIB and agreed to have her pay reduced by $100 per month for each of the first 12 full months of active duty service.

On 17 Dec 03, according to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, she was honorably discharged and was credited with 7 years, 5 months, and 29 days of active service.

On 13 Jan 04, according to DD Form 4, she enlisted in the Air Force Reserve for a period of 6 years.

On 14 Jul 08, according to DD form 4, she reenlisted in the Air Force Reserve for a period of 6 years.

According to the applicant’s Reserve Airman Personnel Brief Point History Data, she was credited with the with the following Active Duty (AD), Inactive Duty for Training (IDT), membership (MBR), and total points from 2007 to 2013:

R/R Year	AD	IDT	MBR	Retirement	Satisfactory Service (Year)	
23 Feb 07 – 22 Feb 08	12	28	15	55	010000	
*23 Feb 08 – 22 Feb 09	0	0	15	15	000000	
*23 Feb 09 – 22 Feb 10	0	0	15	15	000000	
*23 Feb 10 – 22 Feb 11	0	0	15	15	000000	
*23 Feb 11 – 22 Feb 12	0	0	15	15	000000	
*23 Feb 12 – 22 Feb 13	0	0	15	15	000000	
*Unsatisfactory Year

On 13 Jul 14, according to Department of the Air Force, Headquarters Air Reserve Personnel Center, Reserve Order CA-67, she was honorably discharged from the Air Force Reserve. 

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

APPLICABLE AUTHORITY/GUIDANCE

Department of Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bill, Enclosure 3.

3. Transferability of Unused Education Benefits to Family Members. Subject to the provisions of this enclosure, the Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. 

AFI 36-2306, Voluntary Education Program, dated 13 Aug 10.  Attachment 9, Chapter 33, Post-9/11 GI Bill Department of Veterans Affairs (DVA):

A9.2. Program Description and Purpose. The Air Force Post-9/11 GI Bill Program carries out DoD policy that implements the Department of Veterans Affairs (DVA) Post-9/11 GI Bill Program (also known as Chapter 33 benefits). The Program offers increased educational benefits to veterans who served on or after 11 September 2001 and a transfer program that supports Air Force recruiting and retention. The DVA offers information at http://www.gibill.va.gov/.

A9.3. Applicability. Applies to military personnel of the following components: Air Force active duty, the Air Force Reserve and Air National Guard (Active, Reserve and Guard). The Post-9/11 GI Bill is effective 1 August 2009.

A9.18. Transferability of unused benefits to dependents.

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 member’s request to transfer entitlement to educational assistance: 

A9.18.1.2. Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve 4 additional years in the Air Force from the date of request, regardless of the number of months transferred, or 

A9.18.9. Transfer of Benefits Procedures. All requests and transactions will be completed through the TEB Web application at https://www.dmdc.osd.mil/TEB/. Airmen are responsible for correcting inaccurate information. Airmen may request certification of Post-9/11 GI Bill eligibility from the DVA’s website prior to requesting to transfer of benefits.

AIR FORCE EVALUATION

ARPC/CCX recommends denying the applicant’s request to transfer her Post-9/11 GI Bill benefits to her eligible dependent children.  The applicant failed to provide adequate documentation and should submit a DD Form 2366 in order to verify eligibility for the MGIB.  However, there is no evidence of an error or injustice as her records reflect that she never submitted a TEB application.

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 1 Jun 22 for comment (Exhibit D), and the applicant replied on 23 Jun 22.  In her response she provides a signed copy of her DD Form 2366, dated 3 Jul 99, as evidence and proof of her eligibility for education benefits under the Montgomery GI Bill and to transfer those benefits to her dependent children.

The applicant’s complete response is at Exhibit E.

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 ARPC/CCX and finds a preponderance of the evidence does not substantiate the applicant’s contentions. A review of the applicant’s official military personnel record located a signed copy of DD Form 2366, dated 3 Jul 96 indicating she enrolled in the MGIB; however, to transfer benefits to her dependents, she would have first been required to elect that her MGIB be converted to Post 9/11 GI Bill benefits.   In this regard, there is no documentation that shows she converted her benefits.  In addition, the TEB program didn't come into effect until 1 Aug 09, so she wouldn't have been eligible to transfer until then.  Whereupon she would have had to complete a Statement of Understanding and fulfill an additional four years of active service in the Selected Reserve, from the date of applying for TEB.  While it is unclear what the applicant’s status was after 2009, her PCARS report indicates that she was no longer actively participating by completing her Annual Training or her Inactive Duty for Training requirements.   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.

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-2022-00952 in Executive Session on 12 Jul 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 29 Mar 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/CCX, dated 25 May 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Jun 22.
Exhibit E: Applicant’s Response, dated 23 Jun 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.