RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00006

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

He originally signed up for the Montgomery GI Bill (MGIB) in 1997 and subsequently transferred the MGIB to the Post-9/11 GI Bill in 2010 or 2011.  On 27 December 2011, while deployed, he transferred education benefits (TEB) to his dependents.  On 1 August 2014, he voluntarily retired to take care of a terminally ill family member, but overlooked that he would fail to fulfill his TEB service commitment.  However, he believes that he has actually met the TEB service commitment because he served over 20 years in the military and returned to active duty for an additional four years.  In essence, his eligibility for TEB has been completed.  Although, his TEB was not in alignment with the timeframe of his Aviator Continuation Pay (ACP) Program, he served a four-year service commitment.  As such, a cumulative total versus a concurrent total of his service should be considered for the full benefits to his family members.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 3 December 1997, according to DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB), the applicant was automatically enrolled establishing his entitlement to the MGIB.  

According to the applicant’s Post 9/11 GI Bill Transfer of Educational Benefits Statement of Understanding, he incurred a service obligation of four years with an active-duty commitment (ADSC) of 26 December 2015 for the transfer of education benefits.  

On 28 March 2014, the applicant requested waiver of his permanent change of station (PCS) ADSC for 9 May 2015 and his Post 9/11 GI Bill ADSC for 26 December 2015, to obtain a retirement date effective 1 August 2014.  

On 9 May 2014, according to the Action of the Secretary of The Air Force, the applicant’s submitted ADSC waiver request was approved for retirement, effective 1 August 2014.  

On 31 July 2014, according to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, he was honorably separated from active duty and retired effective 1 August 2014.  He was credited with 20 years, 1 month, and 19 days of active service for retirement.

According to the applicant’s, Statement of Service, dated 27 September 2019, he began participating in the Voluntary Retired Return To Active Duty (VRRAD) Program, effective 1 June 2019. 

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 member failed to complete his TEB service obligation.  The Defense Manpower Data Center (DMDC) records show the applicant applied for TEB on 27 December 2011 and incurred a service obligation of 26 December 2015.  In accordance with (IAW) Directive-Type Memorandum (DTM) 09-003, Post-9/11 GI Bill, and Air Force Instruction (AFI) 36-2306, Incorporating Change 1, Voluntary Education Program, the TEB service commitment is assessed and served from the date of request.  Additionally, IAW DTM 09-003 and AFI 36-2306, members released prior to meeting the agreed upon service commitment will have the transfer revoked and entitlement used by dependents is subject to recoupment by the Department of Veterans Affairs.  

The applicant requested and was approved for a waiver of the TEB service commitment based on the Best Interest of the Air Force.  However, IAW DTM 09-003, only an approved Hardship as determined by the Secretary of the Air Force allows retention of transferred benefits.  Additionally, in the applicant’s request for the TEB service commitment waiver, he acknowledged that he had not acted upon his Post 9/11 GI Bill and would surrender his TEB in exchange for his requested retirement date and obtaining a promising civilian job.  Lastly, on 3 December 2018, a Total Force Service Center technician informed the applicant that reapplication was required to gain TEB approval.  
    
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 3 February 2022 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not 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 also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2022-00006 in Executive Session on 19 April 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 25 August 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 2 February 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 3 February 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.