RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01879

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be allowed to backdate his transfer request of his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to 30 April 2020.

APPLICANT’S CONTENTIONS

He has met the retention intent and additional service requirements two times over in years of honorable service of both the United States Code (U.S.C.) as it exists today and the previous guidance of Chapter 30, Title 38, of the U.S.C. when he enrolled in January 2006. The guidance as it is structured penalizes members who have started families later in their careers, regardless of their existing retention and quality of service.  Backdating the request will enable him to make the transfer.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force major (O-4).

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.  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.  The Defense Manpower Data Center (DMDC) shows no record the applicant applied for TEB.  Additionally, the applicant has no dependents listed in DEERS.

Without a request, eligibility for the program could not be established, as AFI 36-2649_AFGM2019-01, Air Force Voluntary Education Program (A13.18.9.3.) cites the date of request as the date on which the appropriate service obligation would be applied.  Additionally, in accordance with AFI 36-2649_ AFGM2019-01 (A13.18.2. and A13.18.2.4.), a family member must be enrolled in the Defense Enrollment Eligibility Reporting System (DEERS) at the time of transfer to receive transferred entitlement.  The Montgomery GI Bill (MGIB), Chapter 30, is not a transferrable education benefit.

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 4 August 2022 for comment (Exhibit D), and the applicant replied on 5 August 2022.  In his response, the applicant contended the denial is correct in that no previous application exists as he has not had a dependent to transfer to, which is soon to occur.  His comments regarding retention are to show that he has met the intent of the four-year term of additional retainability already as listed in 38 U.S.C., Section 3319.  Given that fact, the backdating of request should be allowed to occur so as not to penalize a military member starting a family later in his career.

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 AFPC/DP3SA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The DMDC shows no record the applicant applied for TEB.  Further, at the time of transfer, a family member must be enrolled in DEERS to receive entitlement and the applicant has no dependents listed in DEERS.  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-2022-01879 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 14 July 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 3 August 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 4 August 2022.
Exhibit E:	Applicant’s Response, w/atchs, dated 5 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.