RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01191

XXXXXXXXXXX	COUNSEL: XXXXX
	
	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

In 2014 he applied to transfer his Post-9/11 GI Bill TEB to his children. He was informed that he had to serve at least an additional four years, but he was not informed that he needed to sign anything.  He is a reservist and does not have regular access to emails as he is only at his base a few days each month.  He does not recall seeing anything asking for his signature to commit to four more years of service and was not informed that his TEB request was denied.  If he had been informed, he would have reapplied and would have signed the Statement of Understanding (SOU).  He only became aware that his TEB request had been denied when he inquired about using for his son, who starts college in the fall of 2022.  Since 2014, he has reenlisted twice, in 2015 for six years and in 2021 for 16 months so as to reach his High Year of Tenure (HYT), but he is unable to reenlist again since he will reach his HYT in Sep 2022 after serving 33 years.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve master sergeant (E-7).

On 5 May 13, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant reenlisted in the Air Force Reserve for two years, establishing a date of separation (DOS) of 4 May 15.

On 13 May 14, according to Defense Management Data Center (DMDC) records, he applied for TEB.

On 3 Jun 14, according to myPers – Total Force Service Center (TFSC) incident log provided by ARPC/DPAT, the applicant was notified that he will incur a service commitment of 4 years, he may need to extend or re-enlist to obtain the required retainability and complete the Statement of Understanding, and failure to submit the required documentation within 30 days will result in a disapproval of his application.

On 8 Jul 14, according to myPers –TFSC incident log provided by ARPC/DPAT, he was notified that they emailed him a SOU for his signature five days ago and that his transfer request has been disapproved until they receive the Statement of Understanding, and/or his reenlistment documentation.

On 2 May 15, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant reenlisted in the Air Force Reserve for six years.

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

APPLICABLE AUTHORITY/GUIDANCE

In accordance with Air Force Instruction (AFI) 36-2306, Voluntary Education Program, dated 13 Aug 10, (incorporating Air Force Guidance Memorandum (AFGM2), dated 1 Mar 13 and Change 1, dated 12 Dec 11):

A9.18. Transferability of unused benefits to dependents. A9.18.1. Eligibility. 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.

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.

A9.18.9.3. Once certifying officials have approved a request to transfer benefits, Airmen may print a hard copy of the certified TEB request for their personal records.  Additional service commitments will be recorded in the appropriate personnel system(s).  Additional service commitments resulting from transferring unused Post-9/11 GI Bill benefits begin on the date of request and are served concurrent with any other additional service commitment in effect at the time of the transfer or incurred at any time after the request to transfer benefits. Transfer of Post- 9/11 GI Bill benefits, in and of itself, will not limit any other reenlistment option or incentive to which a member may be eligible.

A9.21. Air Force Reserve Specific Procedures. A9.21.3. Apply for an extension or reenlistment to meet retainability requirements for the benefit. Member must have retainability on the date of request for transferability

AIR FORCE EVALUATION

ARPC/DPAT recommends denying the applicant’s request to transfer his Post-9/11 GI Bill Education Benefits to his eligible dependents.  Based on the documentation provided by the applicant and analysis of the facts there is no evidence of an error or injustice.  His TEB application was denied as he did not have the required retainability and did not commit to four years of additional service. The Benefits for Education Administrative Services Tool (BEAST) indicates that he submitted a TEB request on 13 May 14.  On 8 Jul 14, he was notified via myPers, that his TEB request has been disapproved until he submits a signed SOU and/or his reenlistment documents. On 30 Mar 20, he inquired on how to apply for TEB education benefits; however, due to his HYT date of 30 Sep 22, he is no longer eligible as he does not have the required retainability.  To grant relief would be contrary to 38 United States Code (USC) Section 3319 and DoDI 1341.13. 

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 7 Jul 22 for comment (Exhibit D), and the applicant replied on 10 Jul 22.  In his response, the applicant contended that as an Air Force Reserve aircraft maintenance mechanic, he rarely has time during his Reserve duties to access a computer and for security reasons he can only access his myPers account when he is on base.  When he initially applied for TEB he was informed, by the individual in charge of education on base, that the application was all that was needed and he would not have anything additional to do regarding the application until his children reached the age where they would use the benefits.  This is why he did not inquire about the status of his benefits since he applied eight years ago.  Since he submitted his application, he has completed eight years of service.  He is leaving the Air Force due to High Year Tenure (HYT) and if not for HYT he would be more than willing to serve an additional four years to his already 33 years of service.

The applicant’s complete response is at Exhibit E.

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 ARPC/DPAT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board finds that the applicant was notified of the requirement to obtain retainability, sign the Statement of Understanding and to submit the documents within 30 days and failed to do so.  Furthermore, there is no information on the applicant’s DD Form 4 or a copy of an AF Form 901, Reenlistment Eligibility Annex to DD Form 4, that shows the applicant reenlisted for the purpose of TEB.  Absent such evidence or support from his education office that confirms he was miscounseled on the requirements for TEB, the Board finds insufficient evidence to grant his request.  Therefore, the Board 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 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-2022-01191 in Executive Session on 9 Aug 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, w/atchs, dated 24 Apr 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPAT, w/atchs, dated 12 May 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 Jul 22.
Exhibit E:	Applicant’s Response, dated 10 Jul 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.