RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02078

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His transfer of his Post-9/11 GI Bill benefit to his dependents be reinstated.    

APPLICANT CONTENDS THAT:

He was assigned to the National Defense University (NDU), Fort McNair, Washington, DC from June 2008 to June 2010.  The NDU was on its own server and there was only one Air Force computer for personnel use.  It was sporadic and did not communicate well with the AFPC systems to process requests such as Transfer of Education Benefit (TEB).  Additionally, NDU only had one point of contact for all personnel matters and she could not handle requests outside of in-processing and out-processing the over 200 students.  After multiple attempts of requesting TEB on the NDU computer from August to the fall of 2009, he provided the Military Personnel Flight (MPF) at Bolling AFB, DC proof of the TEB attempts with date stamps but did not maintain the copies for his records.  Once assigned to the Pentagon, he was finally able to obtain approval of TEB in October 2010.

He was not planning to retire from the Air Force in 2013; however, family issues resulted in his premature retirement effective 1 July 2013, only three months and six days prior to the four year Active Duty Service Commitment (ADSC) date of 7 October 2010.  The lack of connectivity to the Air Force system during his two-plus years at NDU and the lack of assistance received by the Bolling AFB MPF should not result in his children being penalized, it is a benefit they earned through their service as dependents.  He served honorably for over 21 years and have never appealed anything.  However, in this case, the Air Force personnel system failed him and his children.  He requests the Board reinstate TEB to his dependents.  

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

STATEMENT OF FACTS:

The applicant retired on 1 July 2013 in the grade of colonel  (O-6) with a narrative reason for separation of “Vol Retirement: Sufficient Service for Retirement.”  He was credited with 21 years, 5 months and 16 days of active duty service.  

Per DODI 1341.13, Post-9/11 GI Bill, Any service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she has at least six years of service in the Military Services (active duty or Selected Reserve), National Oceanic and Atmospheric Administration (NOAA) Corps, or Commissioned Corps of the Public Health Service (PHS) on the date of approval and agrees to serve four additional years in the Military Services, NOAA corps, or PHS from the date of election.  For individuals eligible for retirement on 1 August 2011 and before 1 August 2012, three years of additional service is required.  

The applicant’s Post-9/11 G.I Bill Transfer of Education Benefits Statement of Understanding (SOU) dated/signed on 12 October 2010 states three years of additional service is required for individuals eligible for retirement on or after 1 August 2011 and before 1 August 2012.   

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 B.    

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  There is no record in the MilConnect system to reflect he applied for TEB in 2009 and the applicant has provided no evidence to support the claim.  The applicant retired in lieu of assignment and forfeited TEB transferability.  In accordance with AFI 36-2306, Voluntary Education, a member who separates or is released from the Armed Forces prior to completion of an agreed upon additional service commitment will have their TEB revoked by the Department of Veterans Affairs (DVA).

On 30 January 2013, the applicant submitted his request for retirement effective 30 June 2013.  According to Right Now Technology notes, the applicant was advised of his Assignment Selection Date (ASD) of 11 January 2013 per the approved Chief of Staff, Air Force Game Plan Rules of Engagement and was advised to resubmit his retirement eligibility after his ASD had been removed on/after 1 May 2013.  The applicant was further advised retirement applications submitted during this period would be processed under the 7-day option guidelines, Retirement in Lieu of Assignment (RILA) as outlined in AFI 36-3203, Service Retirements, and AFI 36-2110, Assignments.  

On 1 February 2013, the applicant contacted the Total Force Service Center (TFSC) to inquire if his dependents would retain TEB if his ADSC was waived.  The applicant was informed his dependents would not retain TEB.  On 25 February 2013, the applicant reapplied for retirement effective 1 July 2013.  On 1 March 2013, the applicant was advised he had an ADSC for TEB to 6 October 2013 and would have to submit a waiver or new retirement request with an effective date not earlier than the first day of the month following completion of his ADSC.  On 1 March 2013, the applicant reapplied for retirement effective 30 June 2013 and was again advised of his ADSC for TEB and that a waiver or new retirement date was required.  The applicant submitted a request for waiver of the TEB ADSC dated 12 February 2013 which states “I understand if my waiver is approved and I leave the Air Force without completing the associated ADSC, I will forfeit the transferred benefit.”  Step 3, Justification, of the retirement application request states “He served admirably for 21 years.  He declined reassignment and accepted employment with a commercial firm and has a report date of 8 July 2013.  His sole ADSC is tied to GI Bill transfer of his children which he is forfeiting; expires in October 2013.”

A complete copy of the AFPC/DPSIT evaluation, with attachments is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 12 November 2015 for review and comment within 30 days (Exhibit C).  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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission 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 or 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-2015-02078 in Executive Session on 29 September 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 27 April 2015, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIT, dated 30 July 2015, 
			  w/atchs.
	Exhibit C.  Letter, AFBCMR, dated 12 November 2015.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.