RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04619 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect that his Obligation End Date for his Post-9/11 GI Bill transfer of education benefits (TEB) is 31 Dec 14. APPLICANT CONTENDS THAT: He was approved for Post-9/11 GI Bill TEB, however, he was passed over for promotion a second time and was involuntarily separated 31 Dec 14, three months prior to fulfilling his TEB Obligation End Date of 5 Apr 15. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 3 Sep 01. On 19 Apr 11, the applicant signed the Post 9/11 GI Bill TEB Statement of Understanding. On 30 Jun 14, the applicant’s commander informed him he was not selected for promotion by the CY14A Lieutenant Colonel (LAF/LAF-J) Central Selection Board. Since this was the second board he was not selected for promotion, the law required that he be involuntarily separated no later than 31 Dec 14. On 31 Dec 14, the applicant was furnished an honorable discharge, and was credited with 13 years, 3 months, and 28 days of active service. As the applicant served on active duty since 11 Sep 01, he is entitled to Post-9/11 GI Bill educational benefits in his own right. 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 indicating there is no evidence of an error or an injustice. The applicant’s TEB application was reviewed and approved resulting in a 4-year active duty service commitment (ADSC) based on his eligibility status on the date of request (6 Apr 11). In order to retain TEB, he had to serve to/through the Obligation End Date of 5 Apr 15. Because he was passed over twice for promotion, resulting in his involuntarily separation 31 Dec 14, he is ineligible for TEB (in accordance with AFI 36-2306, Voluntary Education Program). The following are acceptable reasons an ADSC/Obligation End Date can be considered fulfilled: - Death of the member - Disability, in conjunction with retirement/separation from the Air Force - Hardship, in conjunction with retirement/separation, approved by the SECAF There is no provision in TEB guidance granting fulfillment of obligation in the event a member is passed over twice for promotion and subsequently separated. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes the OPR recommendation and argues that it is based purely on a strict reading of AFI 36-2306, a recently adopted instruction. He doesn’t dispute the guidance of the instruction, however, he appeals to the Board’s power in equity instead. Although, involuntarily separated from active duty, his willingness to continue serving his country is evidenced by his applying for and being accepted as a Reserve Judge Advocate (attached email notification). He understands that reserve duty cannot replace the three months of active duty he is short of fulfilling his Obligation Service Date, but he asks the Board to take that into consideration in reviewing his request. A complete copy of the applicant’s rebuttal with an attachment is at Exhibit E. THE BOARD CONCLUDES THAT: 1.  The applicant has exhausted all remedies provided by existing law or regulations. 2.  The application was timely filed. 3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission, to include his rebuttal, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2014-04619 in Executive Session on 18 Aug 15 under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04619 was considered: Exhibit A.  DD Form 149, dated 7 Nov 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIT, dated 15 Dec 14. Exhibit D.  Letter, SAF/MRBR, dated 11 Feb 15. Exhibit E.  Letter, Applicant, dated 9 Mar 15, w/atch.