RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01365

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

She be allowed to transfer her Post-9/11 GI Bill benefits to her dependents.

APPLICANT CONTENDS THAT:

She was denied Transfer of Education Benefits (TEB) due to not having enough retainability.  Were it not for her medical separation, she would have been able to transfer her benefits.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 1 Sep 99, she enlisted in the Regular Air Force.

On 11 May 12, the applicant was issued an AF Form 469, Duty Limiting Condition Report, that indicated she was restricted from high impact activities, walking greater than one-half mile, no pulling or pushing, could not deploy, go on Temporary Duty (TDY), or Permanent Change of Station (PCS) and was undergoing a Medical Evaluation Board (MEB).  On the same date, she was assigned an Assignment Availability Code (AAC) 37 denoting (Medical Defect/Condition Requires MEB or PEB Processing).

On 18 Jul 13, a Formal Physical Evaluation Board (FPEB) recommended the applicant be discharged from the Air Force for a physical disability with severance pay.  On 25 Sep 13, officials within the Secretary of the Air Force Personnel Council (SAFPC) directed the applicant be honorably discharged with severance pay.

On 27 Apr 14, the applicant was furnished an honorable discharge certificate, and was credited with 14 years, 7 months, and 27 days of total active service.   

Transferability of Unused Education Benefits to Family Members. Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 Aug 09 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following:

Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or

Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application, is precluded by either Air Force policy (e.g., High Year Tenure [HYT]), DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute.

As the applicant served on active duty since 11 Sep 01, she is entitled to Post-9/11 GI Bill educational benefits in her own right.  Had the applicant elected to transfer her educational benefits on 19 Dec 13, she would have incurred a 4-year Active Duty Service Commitment (ADSC) that she would have been unable to fulfill by the time she separated on 27 Apr 14.

Department of Defense Instruction (DoDI) 1341.13, Enclosure 3, Failure to Complete Service Agreement, paragraph 3g(1) states, “Except as provided in this section of this enclosure, if an individual transferring entitlement under this section fails to complete the service agreed to consistent with paragraph 3.a. of this enclosure in accordance with the terms of the agreement, the amount of any transferred entitlement that is used as of the date of such failure shall be treated as an overpayment of educational assistance and shall be subject to collection by VA.” 

Paragraph 3g(2) states, “Subparagraph 3g(1) of this enclosure shall not apply to an individual who fails to complete service agreement due to:

(a) His or her death.

(b) Discharge or release from active duty or the Selected Reserve for a medical condition that pre-existed his or her service and was not service-connected.

(c) Discharge or release from active duty or the Selected Reserve for hardship as determined by the Secretary concerned. 

(d) Discharge or release from active duty or the Selected Reserve for a physical or mental condition, not a disability that did not result from his or her willful misconduct, but did interfere with the performance of duty. 

(3) The transferor is also considered to have completed his or her service agreement as a result of being discharged for a disability or a reduction in force or force shaping.”

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.  The applicant is ineligible for TEB because she could not agree to or complete the 4 year ADSC associated with application approval.

On 19 Dec 13, the applicant applied for TEB and required retainability to 19 Dec 17, however, due to a code 37 (Medical Evaluation Board or Physical Evaluation Board) restriction, he [sic] was unable to get the required 4 years of retainability for approval.  His [sic] date of separation on the date of his [sic] request was 6 Aug 17.  Without retainability and a signed Statement of Understanding (SOU), eligibility for the program could not be established, as the date of request is the date on which the appropriate service obligation would be established.

A complete copy of the AFPC/DPSIT evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicates that her last enlistment would have expired on 19 Dec 17, giving her 17 years and 1 month Time in Service (TIS).  On 1 Sep 19, she would have had 20 years TIS.  She requested TEB when she had three years and seven months left on her enlistment and it was her expectation to complete 20 years TIS.  Her intention was not to reenlist solely to provide the education benefit to her dependents, which is the reason she requested to be “returned to duty” on her medical board.  Therefore, considering her request to continue service and the multiple memorandums of support from her previous commander and other leaders within her unit, the applicant humbly request the Board to grant her request and correct her record to reflect her TEB was approved, effective 19 Dec 13.

The applicant’s complete response 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, including her response, in judging the merits of the case and do not find that it supports a determination that she should be allowed to transfer her Post-9/11 GI Bill benefits to her dependents.  Although the applicant contends that because her medical condition caused her discharge, she should have been eligible to transfer the education benefits, we agree with the opinion and recommendation of the Air Force OPR that because she was unable to obtain the required retainability and provide a signed SOU, eligibility for the program could not be established.  Had the applicant applied for TEB and been approved prior to being determined medically unfit for continued service, eligibility for the TEB would have been honored.  Therefore, we find that the applicant has failed to sustain her burden of proof that she has suffered from an error or injustice.  In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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-2015-01365 in Executive Session on 5 Apr 16 under the provisions of AFI 36-2603:

					 , Panel Chair
					, Member
					  , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01365 was considered:

	Exhibit A.  DD Form 149, dated 24 Mar 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 1 May 15, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Aug 15.
	Exhibit E.  Letter, Applicant, dated 28 Aug 15.