RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00587

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES 
 
APPLICANT’S REQUEST

His four-year incurred service obligation for Post-9/11 GI Bill be waived in order to retain eligibility for the transfer of education benefits (TEB) to his children.  

APPLICANT’S CONTENTIONS

He served honorably as an active duty member from 17 March 2009 through 20 December 2020.   He immediately reenlisted into the Air Force Reserve on 21 December 2020 and is currently serving.  On 24 March 2021, he applied for TEB to his dependents, and was approved with a service obligation of four years.  Due to the COVID-19 vaccine mandate conflicting with his religious beliefs, he will be unable to complete his four year commitment, resulting in him not being able to TEB to his children.  His plan was to serve 20+ years; however, that seems impossible at the moment due to the mandate.  

According to the Veterans Affair office, the minimum amount of years of service needed to initially transfer GI Bill benefits is six years with an additional four year commitment needed to successfully transfer said benefits. If he had known, he would have applied at his sixth year in military service, but he received erroneous information from his supervisor that once he served 10 years he could transfer GI benefits at any time. He has already served the required time that would allow TEB, but because of the mandate and incorrect information he is facing the loss of the Post-9/11 GI Bill benefit for his children.     
 
The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve technical sergeant (E-6).

On 30 March 2021, according to AF Form 4406, Post-9/11 GI Bill Transfer of Education Benefits Statement of Understanding, the applicant completed the TEB SOU and acknowledged a service obligation of four (4) years that expires on 24 March 2025.

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.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  According to the Automated Records Management Systems (ARMS) and MyPers, there is no evidence of an initiation for the applicant to have a mandatory separation.  He signed an SOU agreeing to his military obligation end date.  Moreover, religious exemptions for COVID-19 vaccination is not reflected in Department of Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bill, as a criteria for an exception to policy.  

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 6 April 2022 for comment (Exhibit D), but has received no response.

The applicant’s complete response is at Exhibit A.

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 support the applicant’s request to waive his service obligation for Post-9/11 GI Bill TEB.  He is currently serving with a service obligation that expires on 24 March 2025.  The Board noted the applicant’s contention that he received erroneous information from his supervisor in regards to TEB eligibility, other than his own assertion, he has presented no evidence of being miscounseled or any evidence that resulted in an error on the part of the Air Force.  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-2022-00587 in Executive Session on 14 June 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 11 February 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, HQ ARPC/DPAT, w/atchs, dated 10 March 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 6 April 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.