RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-02052

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill education benefits (TEB) to his eligible dependents.

APPLICANT’S CONTENTIONS

While on active duty from 2003 to 2016, the applicant applied for TEB and transferred one (1) month of education benefits to his dependents.  After his transfer to the Active Guard and Reserve (AGR), the Air Force began deducting Montgomery GI Bill (MGIB) payments from his pay again to which he corrected.  In 2014, the applicant believes he applied to switch his MGIB benefits to the Post-9/11 GI Bill.  On 14 Jul 22, the applicant discovered that he was not eligible to TEB to his dependents.  The applicant attempted to apply for TEB, but was denied because he has three (3) years remaining on his enlistment, and does not have the required service retainability.  He believes there was enough retainability when he applied and is requesting the education benefits that he earned.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve senior master sergeant (E-8).

According to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant entered the Regular Air Force on 8 Jul 03 and was discharged on 31 Aug 16 and transferred to the Air Force Reserve.  He was credited with 13 years, 1 month and 23 days of active service.  

On 1 Sep 16, according to Special Order XXXXXX, dated 11 Jul 16, the applicant was ordered to extended active duty in an AGR assignment. 

According to the applicant’s SURF he has 19 years of creditable service. 

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

AIR FORCE EVALUATION

HQ ARPC/DPAT recommends denying the application.  According to the Benefits for Education Administrative Services Tool (BEAST) there is no record that the applicant applied for TEB in 2014; however, the tool shows that the applicant did apply on 14 Jul 22, but the request was rejected on 30 Aug 22, as the applicant did not commit to a four year military service obligation. Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error injustice due to a lack of documentation, supporting that a TEB request was previously submitted.   

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 12 Sep 22 for comment (Exhibit D), but has received no response.

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 HQ 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.

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-2022-02052 in Executive Session on 6 Dec 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, dated 10 Aug 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, HQ ARPC/DPAT, w/atchs, dated 6 Sep 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 Sep 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.