RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00730

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

While deployed to Al Dhafra Air Base, the applicant completed an application to TEB to his dependents at the base education center.  In more detail, the applicant explains that on 1 Dec 18, he was promoted to Master Sergeant (E-7) and intentionally waited thirty (30) days from his promotion date to submit a TEB application so that his High Year of Tenure (HYT) would be extended to Apr 2024, which would allow the four years of retainability required for the transfer.  He then made the transfer and believed it to be complete after a representative at the education center confirmed everything was “good to go.”   

In 2020, the applicant discovered that his transfer was declined because he did not complete the TEB Statement of Understanding (SOU).  He acknowledges that an email notifying him of the pending rejection was sent to his deployed email address; however, it was never received because he had limited access to a computer.  In May 20, the applicant was instructed to submit a new application that was subsequently rejected because his HYT now prevents him from committing to a four year service obligation.  He is requesting that his dependents be allowed to receive his education benefits because he was unaware of the email notification while deployed.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 23 May 18, according to the Promotion Statement of Understanding, the applicant acknowledged his promotion to E-7 would incur an Active Duty Service Commitment (ADSC) of two years and extend his HYT to 24 years.

According to Personnel SURF found in the Military Personnel Data System (MilPDS), the applicant has an HYT of 12 Apr 24.

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) records show the applicant applied for TEB on 17 Jan 14.  However, the application was rejected on 25 Feb 14 because he did not secure the required retainability within the TEB application window.  Records reflect no TEB application submitted in 2018.  However, he reapplied on 1 May 20 and 8 Dec 21.  The applications were rejected on 7 Jul 20 and 10 Jan 22, respectively, due to a HYT date restriction of 12 Apr 24.  In accordance with (IAW) Department of Defense Instruction (DoDI) 1341.13, Incorporating Change (IC) 1, Post-9/11 GI Bill, and Air Force Instruction (AFI) 36-2649_AFGM2019-01, Air Force Voluntary Education Program, and AFI 36-2670, Total Force Development, members must be eligible to be retained and not be precluded, prior to approval, from securing and agreeing to four additional years from the date of application.  Additionally, IAW DoDI 1341.13_IC1, AFI 36-2649_AFGM2019-01, and AFI 36-2670, all requests for TEB must be submitted via the DMDC TEB web application.  Lastly, review of the applicant’s myPers audit log, regarding his May 2020 application, the applicant’s deployment location email was included.    

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

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.  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-2022-00730 in Executive Session on 12 Jul 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 4 Mar 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 21 Apr 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 3 May 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.