RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01446

XXXXXXX	COUNSEL: XXXXXXX
	
	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

Her application submitted on 24 Aug 16 to transfer her Post-9/11 GI Bill Education Benefits (TEB) be approved.

APPLICANT’S CONTENTIONS

While recently attending the Transition Assistance Program (TAP) class, she discovered that her TEB did not transfer.  On 24 Aug 16 she submitted her TEB application and unbeknownst to her it was rejected stating that she did not have retainability.  She has served six years since she submitted her application and will retire on 1 Aug 22 after more than 21 years of active-duty service and would like to give her benefits to her children.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force technical sergeant (E-6).

On 17 May 16, according to AF 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 her current enlistment by a period of 15 months establishing a date of separation (DOS) of 31 Aug 20.

On 24 Aug 16, the applicant initially applied for TEB.

On 25 Aug 16, a myPers notification was sent via e-mail to the applicant stating her TEB request had been received and her application would expire in 30 days.  It further states that she needed to sign the TEB Statement of Understanding (SOU).

On 29 Sep 16, a myPers notification was sent via e-mail to the applicant to inform her that her TEB application has expired because she did not sign a SOU.

On 27 Jan 17, the applicant submitted her signed SOU.

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 AFI 36-2649, Voluntary Education Program, dated 1 Oct 14, paragraph A13.20.1.5, upon receipt of the Initial Notification email from the Total Force Service Center (TFSC), the member must: a) obtain retainability to meet the eligibility requirements; and b) sign the TEB SOU (NOTE: the TEB SOU will only appear in the member's vMPF/Self Service Actions/Transfer of Education Benefits) once 72 hours have passed since submitted the application in MilConnect AND the member meets the retainability requirements). Both of these actions must be accomplished within 30 days of the TFSC Initial Notification or the application will expire and the member will be required to re-apply for TEB.

AFI 36-2649 paragraph A13.18.1, Transfer of unused benefits to dependents, Eligibility, states any member of the Armed Forces (active duty and/or Selected Reserve) on or after August 1, 2009 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 the member has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve 4 additional years in the Air Force from the date of request, regardless of the number of months transferred.

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the applicant’s request that her 24 Aug 16 TEB application be approved.  Defense Manpower Data Center (DMDC) records show that the applicant applied for TEB on 24 Aug 16 and the application was subsequently rejected on 29 Sep 16 because she failed to complete and submit the required TEB SOU within the 30 day application window.  On 27 Jan 17, five months after initially applying for TEB, the applicant submitted a signed TEB SOU.  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 5 Jul 22 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 AFPC/DP3SA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board determines that the applicant was properly notified of the requirement to submit a TEB SOU within the 30 day application window and failed to do so.  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-2022-01446 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 26 Apr 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 13 Jun 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 5 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.