RECORD OF PROCEEDINGS

IN THE MATTER OF:                                     DOCKET NUMBER: BC-2022-01177

XXXXXXXXXX                                                COUNSEL: NONE

                                                                             HEARING REQUESTED: NOT INDICATED

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

On 30 November 2009, he performed the required one month transfer of his benefits to his spouse prior to his retirement on 1 December 2009; however, his record does not reflect the transfer.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 30 November 2009, DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the applicant received an honorable character of service and on 1 December 2009, he retired in the grade of lieutenant colonel.  He served 20 years and 16 days total active service.  His narrative reason for separation reflects “Vol Retirement: Sufficient Service for Retirement.”

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 application.  The Defense Manpower Data Center (DMDC) shows no record the applicant applied for TEB.  Without a request, eligibility for the program could not be established, as Directive-Type Memorandum (DTM) 09-003: Post-9/11 GI Bill (3.a.) and AFI 36-2306_AFGM1, The Education Services Program [18i(3)], cite the date of request as the date on which the appropriate service obligation would be applied.  In accordance with AFI 36-2306_AFGM1 [18g(1), 18i and 20a(1)(c)], all requests for TEB must be submitted via the DMDC TEB web application while on active duty.  

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.  DMDC shows no record the applicant applied 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 17 May 2022 for comment (Exhibit D).  The applicant responded on 26 May 2022, indicating he has an issue with the following statement in the advisory opinion - “Without a request, eligibility for the program could not be established…”  He states his request for TEB was made in a timely manner prior to his retirement 1 December 2009 through the DMDC TEB website (document attached).  It would not be possible for him to provide any additional evidence since no further evidence was offered by the TEB application process at that time.  This document clearly provides evidence that an error was made on the part of the Air Force and his record should be corrected to show TEB approval on 30 November 2009, with no additional service obligation.

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 AFPC/DP3SA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board notes the applicant’s contention that he made a timely TEB request prior to his retirement on 1 December 2009 through the DMDC TEB website.  However, the documents do not show a submitted request rather the documents show an incomplete action as the Post-9/11 box is not checked and the action items are still visible.  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-2022-01177 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, w/atchs, dated 21 April 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 13 May 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 17 May 2022.
Exhibit E:  Applicant’s Response, w/atchs, dated 26 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.