RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01952 XXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His application to transfer his Post-9/11 educational benefits (TEB) be accepted. APPLICANT CONTENDS THAT: After his TEB was approved on 27 Sep 10 and after he reenlisted to meet the retainability requirements to transfer his benefits, he was notified that his HYT for technical sergeant (E-6) was reduced from 22 years to 20 years. This in turn resulted in his having to retire 10 months prior to his four-year active duty service commitment (ADSC). He just received a bill from the Veterans Affairs (VA) office for $24,000 for his son attending a university using the Post-9/11 GI Bill benefit, which was transferred to him and previously approved by the DoD and the VA. It is not his fault that he was retired two years early due to DoD cut backs and his TEB should be restored. In support of his appeal, the applicant submits his DD Form 4/2, Enlistment/Reenlistment Document, signed 28 Nov 11; a print-out of his DMDC TEB, indicating his TEB was approved; his Statement of Understanding (SOU) signed 5 Dec 11; a copy of his retirement orders with an effective date of 1 Dec 13; and his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: During the events under review the applicant was serving in the grade of technical sergeant (E-6). Since the applicant had served on active duty after 11 Sep 01, he was entitled to Post-9/11 GI Bill benefits in his own right and was eligible to transfer said benefits on the date requested, provided he was able to meet the prescribed active duty service commitment (ADSC). On 27 Sep 10, the applicant’s TEB was approved and he incurred an ADSC to 26 Sep 14. However, because of the high year tenure (HYT) program (technical sergeants are unable to serve more than 20 years) he was required to retire/separate no later than 30 Nov 13, which precluded him from obtaining the typical four years of retainability required to transfer his benefits. However, because he was precluded by standard policy, (Service or DoD) or statute, from committing to four additional years, he could have still qualified for the TEB with an agreement to serve for the maximum amount of time allowed by such policy or statute. According to his DD FM 214, the applicant received an honorable discharge in the grade of technical sergeant, effective 30 Nov 13 with a narrative reason, stating “Maximum Service or Time in Grade.” Irrespective of this fact, at the time the applicant attempted to transfer his benefits he met the requirements of the TEB. Since he was precluded by policy or statute from serving beyond 30 Nov 13, he continued to qualify for TEB, provided he agreed to serve to the maximum amount of time allowed, in this case his HTY date. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant’s TEB was reviewed and approved properly based on the member's status on the date of request (27 Sep 10). In order for the member to retain TEB benefits, he had to serve to/through the Obligation End Date of 26 Sep 14. Because the member retired prior to that date, he is ineligible for TEB. The Air Staff/OSD did not develop guidance for the HYT Rollback Personnel Service Delivery Memorandum (PSDM) to allow members previously approved for TEB to retain their benefit. There is no provision in TEB guidance (specifically, AFI 36-2306, Attachment 9, A9.18.8.5 and the HYT Rollback PSDM) granting fulfillment of obligation in the event a member is separated under HYT Rollback. Reasons an ADSC/Obligation End Date can be considered fulfilled are as follows: * Death of the member * Disability, in conjunction with retirement/separation from the Air Force * Hardship, in conjunction with retirement/separation, approved by the SECAF The member did not fulfill his TEB obligation and therefore he is ineligible for the benefit. If the Board believes an injustice has occurred and wishes to provide relief to the member, the obligation end date would be adjusted to 30 Nov 13 (member's date of separation) and the member would regain TEB benefits. A complete copy of the AFPC/DPSIT evaluation, with attachment, is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, was forwarded to the applicant on 4 Aug 14 for review and comment within 30 days (Exhibit C). The applicant argues that at the time he applied for TEB in 2010, the understanding was that he had to re-enlist for four years, which he did in 2011. He sent his son to West Virginia University for one year, and the VA just sent his son a bill for $23,000, which they can’t afford. At the same time he is continuing to pay off his father’s (USAF Retired) burial expenses, who suffered from paranoid schizophrenia and committed suicide around the time the Air Force advised him they were lowering HTY and he would have to retire early. He is short of his obligation to the VA by 8 months because of the Air Force needs and is asking for the provision to be made for him to retain his education benefits and transfer them to his children. According to the TERA AFI, if he applied before getting notice of retirement, the obligation would be treated as complete without recoupment by the VA. In support of his rebuttal, the applicant submits his father’s death certificate and medical documents indicating that his father was diagnosed with paranoid schizophrenia, as well as a page from the TERA AFI validating that there would be no recoupment of his Post-9/11 GI Bill benefits to eligible dependents. The applicant’s complete response, with attachments, is at Exhibit D. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. While we note the comments of AFPC/DPSIT indicating that relief should be denied because the applicant did not meet the retainability requirement; we believe corrective action is warranted. After a thorough review of the evidence of record and the applicant’s complete submission, it appears the applicant had every intention of fulfilling his ADSC obligation; however, due to circumstances beyond his control, his HYT date was changed from 30 Nov 15 to 30 Nov 13. Consequently, he was unable to complete the normal 4-year ADSC. Furthermore, in accordance with AFI 36-2306 the applicant had over 10 years of service on the date of election and at the time he initiated the transfer he agreed to serve the maximum amount allowed by policy, which was in fact his HYT date. Therefore, in the interest of justice, we recommend the applicant’s record be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 29 Nov 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. The following members of the Board considered AFBCMR Docket Number BC-2014-01952 in Executive Session on 20 Feb 15, under the provisions of AFI 36-2603: XXXXXXXXXXXXXX XXXXXXXXXXXXXX XXXXXXXXXXXXXX All members voted to correct the records, as recommended. The following documentary evidence was considered: