RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00168

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

In 2015, while preparing for deployment, the applicant believed he completed the application to TEB to his dependents.  In 2017, the applicant reenlisted for six (6) years, and was unaware that he needed to resubmit an application for TEB.  He is requesting the approval because his daughter is six (6) months away from graduation and is relying on TEB to pay for her higher education.  He has well over the amount of active duty time for TEB eligibility.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve master sergeant (E-7).

On 16 Jun 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 his current enlistment of 7 Jan 13 for seven (7) months, for the purpose of retainability for the Noncommissioned Officer Academy (NCOA), from 6 Feb 17 to 6 Sep 17.

On 7 Sep 17, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant reenlisted in the Air Force Reserve for six (6) years.

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.  On 3 Mar 15, the applicant submitted a TEB application that was rejected.  On 4 Mar 15, a myPers ticket notified the applicant of the 30 day suspense to submit the TEB Statement of Understanding (SOU) and acquire retainability if needed.  On 25 Mar 15, a reminder of the application expiration was sent to the applicant in myPers.  On 3 Apr 15, a myPers message was sent notifying the applicant the TEB application expired due to no submission of the signed TEB SOU and/or no acquired retainability.  On 16 Jun 16, the applicant elected to extend his enlistment by seven (7) months for the purpose of retainability to attend a service academy.  On 16 Dec 21, the applicant submitted a TEB request, which was rejected because he did not acquire retainability or complete a TEB SOU.  There is no evidence of an error or injustice because the applicant did not submit his TEB SOU form or secure the required retainability for his initial TEB request on 3 Mar 15 or for his subsequent request of 16 Dec 21.    

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 30 Mar 22 for comment (Exhibit D), and the applicant replied on 4 Apr 22.  In his response, the applicant contended that when he applied for TEB in 2015, he was unaware of the SOU requirement and was told by a trainer [sic] that the application was completed correctly.  In Dec 21, he submitted another TEB application but did not submit an SOU because he thought it would mess something up and would not be approved.  

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.  The Board notes the applicant never reenlisted for the purpose of TEB or completed the Statement of Understanding to obtain the required retainability to transfer his educational benefits.  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-2022-00168 in Executive Session on 17 May 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 24 Jan 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, HQ ARPC/DPAT, w/atchs, dated 10 Mar 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 30 Mar 22.
Exhibit E: Applicant Response, w/atchs, 4 Apr 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.