RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03594

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

His Obligation End Date (OED) associated with his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be changed to 30 Sep 13 to match his retirement date.

APPLICANT CONTENDS:

His OED was 22 Aug 14 due to transferring his TEB.  He was told by his commander he had been selected for non-retention for continued service because he was eligible to retire.  At the time, he was also told his GI Bill TEB would not be effected by being placed on the Reserve Retired List (ANG).  Therefore, he retired on 1 Oct 13.  On 9 Oct 14, he found out his name was not on the list of members non-selected for retention.  He would not have retired had he known he could continue to serve.  This was a costly error because his daughter lost her TEB as the result of his retirement, and he must now repay the $33,000 she previously received.  

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

STATEMENT OF FACTS:

The applicant served in the grade of Master Sergeant (MSgt) in the Minnesota Air National Guard (ANG) during the matter under review. 

On 1 Oct 13, the applicant transferred to the Reserve Retired List (ANG), with a separation program designator (SPD) code of RBD (Voluntary Retirement), after serving 20 years of total service for retired pay.      

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:

NGB/A1 recommends denial indicating there is no evidence of an error or an injustice.  In accordance with DODI 1341.13, Post-9/11 GI Bill, Enclosure 3(g), paragraphs 2-4, the NGB is not authorized to adjust a TEB-related OED unless the member’s discharge was for one of the listed reasons.  

The applicant’s TEB-related OED was 22 Aug 14, but he retired before that date, on 1 Oct 13.  His discharge order reflects a separation program designator (SPD) code of RBD, under authority of AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, Paragraph 3.12.6, Voluntary Retirement.  In addition, the applicant indicated he retired voluntarily on his retention survey, which he completed upon his out processing for retirement.  The applicant provided an e-mail from his former commander indicating the applicant had been selected for non-retention under the Selective Retention Program (SRP), even though he had a “strong desire to remain in the unit.”  There is no documentation in his records which verifies he was separated due to selection for non-retention under the Selective Retention Program (SRP).  Regardless, neither selection for non-retention under the SRP nor voluntary retirement are reasons listed in DoDI 1341.13 as approved reasons to waive the remaining OED for TEB.  

A complete copy of the NGB/A1 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 19 Apr 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES:

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 NGB/A1 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  While the applicant contends he would not have retired had he known he could continue to serve, the Board is convinced he could not continue to serve.  The applicant’s commander had already determined he was not to be retained in service.  Because the applicant immediately entered a voluntary retirement and established an official retirement date, his name would not have been subsequently added to the list of individuals non-selected for retention.  Per his commander’s guidance, had the applicant not voluntarily retired he would have been involuntarily separated.  Further, the applicant contends before he chose to retire he was told he could retain his TEB.  However, even if he was miscounseled, such a miscounseling would have had no effect.  Because he did not complete the service commitment required to retain TEB, he would not retain his TEB whether he voluntary retired or was separated involuntarily due to selection for non-retention.  In accordance with DoDI 1341.13, Post-9/11 GI Bill, miscounseling is not one of the listed reasons that qualifies a member to retain a benefit, which they were not otherwise qualified to retain.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES:

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-2015-03594 in Executive Session on 29 Sep 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03594 was considered:

	Exhibit A.  DD Form 149, dated 13 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1, dated 7 Apr 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 19 Apr 16.

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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.