RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01524

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

She never received official notice regarding TEB requirements.  She was never notified or advised until 2021 the need to take action to transfer education benefits before retirement nor that she would incur a service commitment.  If she had been adequately informed, she would have completed the requirements to transfer her benefits.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve lieutenant colonel (O-5).

On 31 May 2000, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant entered active duty.  On 26 December 2006, the applicant received an honorable character of service.  She served 6 years, 6 months and 26 days on active duty and transferred to the Air Force Reserve.  The Type of Separation reflect “Resignation” and Narrative Reason for Separation reflect “Force Shaping – VSP.”

The Benefits for Education Administrative Services Tool (BEAST) reflect the applicant elected to transfer her Post 9/11 GI Bill benefits to her dependents on 15 June 2021; however, the TEB request was rejected on 9 August 2021 due to no response within 30 days, and non-submission of the required Statement of Understanding (SOU).

According to a Retrieval Applications Website (RAW) Surf, the applicant’s Mandatory Separation Date (MSD) reflects 1 June 2028.

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

AIR FORCE EVALUATION

ARPC/DPAT recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice due to no documentation justifying any improper counseling or lack of assistance regarding her TEB requirements.  Additionally, the applicant had access to readily obtainable Post 9/11 GI Bill Program resources, briefings, and education representative assistance over the course of her military time in service that supplied detailed knowledge of the TEB Post 9/11 GI Bill Program with mention of DODI 1341.13 (31 May 2013) as one source of reference.  Furthermore, per DODI 1341.13 (31 May 2013), Incorporating Change 1, 12 July 2018, members must be eligible to be retained for four years from the date of election; therefore, retirement will make the applicant ineligible to transfer education benefits to dependents.

The Benefits for Education Administrative Services Tool (BEAST) indicates the applicant elected to transfer her Post 9/11 GI Bill benefits to her dependents on 15 June 2021; however, the TEB request was rejected on 9 August 2021 due to no response for 30 days, and non-submission of the required Statement of Understanding (SOU) agreeing to the Reserve Service Commitment date.  The first response from the applicant regarding TEB information was noted via MyPers Air Reserve Chat Agent on 15 June 2021, inquiring how to find out information on TEB policy changes as she recalled a previous message regarding some service members not receiving adequate information about the need to transfer benefits.  The inquiry also included questions on
locating details about Education Centers providing information concerning the transfer information, and what happens if she decided to take back her educational benefits.

At this present time, the applicant may still apply for TEB as her MSD is 1 June 2028 and she therefore would be able to successfully fulfill the required four-year Military Service Obligation (MSO).  The applicant has no documentation in BEAST, MyPers, or ARMS of pending retirement; however, if initiated, she would no longer be eligible to request a transfer of benefits to dependents as she could not commit to the four years of military service per DODI requirements.

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 23 August 2022 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 ARPC/DPAT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  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-2022-01524 in Executive Session on 16 September 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 30 June 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPAT, w/atchs, dated 10 August 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 23 August 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.