RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04358 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His active duty service commitment (ADSC) date for the transfer of education benefits (TEB) be changed to reflect 31 August 2013 to regain TEB eligibility. APPLICANT CONTENDS THAT: His TEB ADSC was 6 December 2013. However, he reached his High Year of Tenure (HYT) on 1 September 2013 for retirement. He was told by the Air Force Personnel Center (AFPC) that his TEB would still be valid as long as he served until his HYT. His son has been in school for over a year and he just now received a letter from Veteran Affairs (VA) indicating that he had not completed his ADSC for TEB. At no point was he told of his non-eligibility in the entire process. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 28 February 1992. On 7 December 2009, the applicant was approved for TEB and incurred a four year obligation active duty service commitment (ADSC), until 6 December 2013. Due to High Year of Tenure (HYT) Rollback implemented in Fiscal Year 2013, he was required to retire prior to the TEB Obligation End Date, rendering him ineligible for TEB. On 31 August 2013, the applicant was furnished an honorable discharge, retired effective 1 September 2013, and was credited with 21 years, 6 months, and 3 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. There is no provision in TEB guidance 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 due to the death of member, disability, in conjunction with retirement/separation, or hardship, in conjunction with retirement/separation with approval by the Secretary of the Air Force, Personnel Counsel. The applicant’s TEB application was reviewed and approved based on his status on the date of his request, effective 7 December 2009. In order for the member to retain TEB benefits, he had to serve to/through the Obligation End Date of 6 December 2013. In accordance with Air Force Instruction (AFI) 36-2306, since the applicant retired prior to that date, he is ineligible for TEB. The Personnel Service Delivery Memorandum (PSDM) guidance developed by Air Staff/Office of the Secretary of Defense (OSD) for the HYT Rollback program does not permit members previously approved for TEB to retain the benefit. AFI 36-2306 does not contain a rule or provision to adjust members ADSC under this circumstance. The applicant contacted the Total Force Service Center on 16 January 2013 and indicated to a customer service representative (CSR) that he wanted to ensure that his approved retirement would not affect his TEB. The CSR confused the policy of AFI 36-2306 and informed the applicant that his TEB would not be affected since he was retiring at his HYT. Specifically, the applicant was informed that since he met Post-9/11 eligibility requirements and at the time of the approval of his request for TEB he had at least ten years of service on the date of his election and was precluded by policy or statute from committing to four additional years of service, his TEB would not be affected. However, he should have been informed that without specific exceptions, as outlined in AFI 36-2306, if he failed to complete the service agreed to in accordance with the terms of his agreement, the amount of any transferred entitlement that is used by a dependent as of the date of such failure shall be treated as an overpayment of educational assistance and will be subjected to collection by the Department of Veteran Affairs (DVA). A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 February 2015 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 relief should be denied because the Air Force did not develop guidance which would allow members affected by the HYT Rollback Program who were previously approved for TEB to retain their benefits, we believe a preponderance of the evidence substantiates that 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. We note the applicant transferred his benefits as early as 7 December 2009 and was successfully serving the requisite four-year service commitment before being forced to retire due to HYT on 1 September 2013. 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 the APPLICANT be corrected to show that on 31 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependent. The following members of the Board considered AFBCMR Docket Number BC-2014-04358 in Executive Session on 28 January 2016 under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04358 was considered: Exhibit A.  DD Form 149, dated 14 October 2014, w/atch. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIT, dated 10 December 2014, w/atch. Exhibit D.  Letter, SAF/MRBR, dated 17 February 2015.