RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-03730
	COUNSEL:
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His Obligation Service Date [sic] be corrected to reflect 30 Sep
13 for the Post-9/11 GI Bill Transfer of Education Benefits (TEB).

APPLICANT CONTENDS THAT:
In 2014, he was non-retained following a Selective Retention Board; however, he was informed numerous times by his commanders, supervisors and Unit Retention Office that his transferability of education benefits would not be affected.
The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 15 Nov 91.

On 17 Nov 12, the applicant applied for TEB and signed a Statement of Understanding (SOU) acknowledging he would incur a 4-year Active Duty Service Commitment (ADSC) effective from the date of application in the Defense Manpower Data Center (DMDC) TEB website.

IAW AFI 36-2649, Voluntary Education Program, Attachment 13, A13.18.8.5, reasons an ADSC/Obligation End Date can be considered fulfilled are as follows:
•	Death of the member;
•	Disability, in conjunction with retirement/separation from the Air Force;
•	Hardship, in conjunction with retirement/separation, approved
by the SECAF;
•	Discharge from a Reduction in Force; and
•	Discharge from a Force Shaping action
On 1 Oct 13, the applicant retired from active duty, and was credited with 22 years, 10 months, and 16 days of total active service.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

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/A1Y recommends granting the applicant’s request, indicating he agreed to a 4-year service obligation; however, he was forced to retire by his commander due to his non-retention via the Air National Guard (ANG) Selective Retention Program.

On 17 Nov 12, the applicant submitted a TEB application, incurring a 4-year service obligation through 16 Nov 16.

DoDI 1341.13, Post-9/11 GI Bill, requires the 4-year service obligation, however, provisions are made for involuntary Force Shaping. The ANG equivalent of “involuntary Force Shaping” is the Selective Retention Program, which is a means of Force Management. In addition, NGB/A1Y informed the field that members non-retained via the Selective Retention Program were authorized to have their OED adjusted to match their separation date.

In March 2015, OSD clarified the policy indicating that the ANG Selective Retention Program was not a reason that an Obligation End Date (OED) could be adjusted.
A complete copy of the NGB/A1Y evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 24 Oct 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 THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.
2.	The application was timely filed.
3.	Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. We took notice of the applicant’s complete submission in judging the merits of the case. While the Board concurs with NGB/A1Y that relief is warranted, we are not convinced the applicant’s situation meets the definition of force shaping. Therefore, rather than changing his OED, we recommend the applicant’s records be corrected by changing the date the applicant transferred his educational benefits to 1    September
1.	

2009, which would result in no additional active duty service commitment based on the DoD and AF policies in effect at that time.

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 RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 1 September 2009, he transferred his Post-9/11 GI Bill Educational Benefits to his dependents, thereby incurring no additional service commitment.

The following members of the Board considered AFBCMR Docket Number BC-2015-03730 in Executive Session on 8 Jun 17, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 25 Jul 15.
Exhibit B.	Pertinent Excerpts from Master Personnel Records. Exhibit C.	Memorandum, NGB/A1Y, dated 22 Aug 16, w/atch.
Exhibit D.	Letter, SAF/MRBC, dated 24 Aug 16.
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified 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.