RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02387

 						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) for transfer of Post-9/11 GI Bill benefits be changed from 15 July 2012 to 31 May 2012.  

APPLICANT CONTENDS THAT:

He agreed to serve three additional years for approval of Transfer of Education Benefits (TEB).  On 16 July 2009, he applied for TEB and acquired a three year ADSC through 15 July 2012.  However, he was unable to complete the last 45 days of his three year ADSC due to mandatory retirement for maximum Time-in-Service (TIS) as reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty.  

He was advised by AFPC that his 15 July 2012 ADSC for TEB should have been aligned with his 31 May 2012 retirement date.  

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

STATEMENT OF FACTS:

On 31 May 2012, the applicant retired in the grade of major    (O-4), with a narrative reason for separation of “Vol Retirement Maximum Service or Time in Grade.”  He was credited with 20 years and four days of active duty service.   

On 27 September 2010, the applicant declined continuation on active duty.  He acknowledged he understood that by declining the continuation he would be retained on active duty until his current Date of Separation (DOS).  

Per Directive Type Memorandum (DTM), Post-9/11 GI Bill, dated 22 June 2009, Individuals eligible for retirement after 1 August 2009 and before 1 August 2012 require three years of additional service upon approval for TEB.  

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 did not fulfill the service obligation required for TEB.  The applicant applied for TEB on 16 July 2009 and incurred a three year ADSC to 15 July 2012.  He was offered continuation in service which allowed 24 years maximum TIS and the ability to fulfill the ADSC for TEB approval. However, because he declined continuation, he was required to retire at 20 years’ TIS with a retirement date of 31 May 2012.  To grant relief would be contrary to the criteria established by AFI 36-2306, Voluntary Education Program, which was the guidance in effect at the time.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was offered the option to accept a continuation of service to 24 years in September 2010 but declined the continuation.  The advisory opinion states that had he elected continuation he would have fulfilled the ADSC associated with the TEB approval.  This does not make any sense.  He had already signed an ADSC on 16 July 2009 that committed him to the Air Force until 15 July 2012.  He should not be required to sign an additional four year ADSC when he had already committed by legal agreement to fulfill the requirement.  

The record also shows that he voluntarily applied for retirement in 2012 with a retirement date of 31 May 2012.  This is correct but he was told he had no choice on the date.  He called AFPC and asked about his ADSC of 15 July 2012 and was told verbally he should not worry about the additional six weeks of commitment and that those days would be waived so he could retire on his mandatory retirement date of 31 May 2012.

He did everything he could to fulfill the ADSC he agreed to in 2009 and was fully prepared to serve until 15 July 2012.  He could not have retired on 31 May 2012 unless the Air Force waived the remaining six weeks of his ADSC he was legally required to fulfill.  He requests the Air Force to document this waiver and change his ADSC for TEB to 31 May 2012.

He requests an appointment to meet with the Board in person.  It is difficult to present his case via the postal service, especially due to the extended time between correspondences.  The applicant’s complete submission, with attachments, 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.  While the applicant’s response to the Air Force evaluation is noted, he has not provided substantial evidence which successfully refutes the assessment of his case by the Air Force OPR.  Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error or an injustice.  In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.  

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-02387 in Executive Session on 5 April 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02387 was considered:

	Exhibit A.  DD Form 149, dated 5 June 2014, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Record
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 26 June 2015, 
			  w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 1 September 2015.
	Exhibit E.  Letter, Applicant, dated 7 September 2015, 
			  w/atchs.