RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03916

               	          COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post 9/11 GI Bill Educational benefits to his dependents.

APPLICANT CONTENDS THAT:

In Jan ‘10 he was approved by the Veterans Affairs (VA) to transfer his Post-9/11 GI Bill benefits to his daughters. 

In May ‘13, a letter from the VA certified his daughter was entitled to benefits for an approved program of education under the Post-9/11 GI Bill.

However, after his daughter used the benefit for four school terms she received a bill for over $81K because the VA said he did not complete the obligated period of service for the transfer of the Post-9/11 entitlement.

He was unable to serve the full commitment for the Transfer of Education Benefits (TEB) since he had a mandatory date of separation or High Year of Tenure (HYT) for captain at 20 years based on being twice deferred to the grade of major.   

He was told the commitment for transfer of his Post 9/11 benefits did not apply to him because of his HYT and he was still eligible to transfer his benefit.

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

STATEMENT OF FACTS:

On 31 December 1990, the applicant initially entered the Regular Air Force.

The applicant’s Total Active Federal Military Service date is 31 December 1990.

On 31 Dec 10, the applicant retired, was furnished an honorable discharge, and was credited with 20 years and one day of active service.   The Narrative Reason for Separation (Item 28 of the DD Form 214, Certificate of Release or Discharge from Active Duty, is listed as “Voluntary Retirement: Maximum Service or Time in Grade.”

DODI 1341, 31 May 13, Post-9/11 GI Bill, Enclosure 3, paragraph 3,  states:  Any service member on or after 1 August 2009, who is entitled to the Post-9/11 GI bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she has at least 10 years of service in the Military Services (active duty or Selected Reserve) on the date of approval is precluded by either standard policy (Service or DOD) or statute from committing to four additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.  

AFI 36-2649, 1 Oct 14, Voluntary Education Program, Attachment 13.18.1.1.2, states in reference to eligibility:  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 statue from committing 4 additional years and agrees to serve for the maximum amount of time allowed by such policy or statute. 

By statute, 10 USC section 632 the member was precluded from serving beyond his mandatory retirement date in order to fulfill the additional time necessary to complete the obligated service required by the Post-9/11 GI Bill.

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/DP3SA recommends denial indicating there is no evidence of an error or an injustice.  The applicant did not complete the required service obligation.  The applicant separated on his mandatory date and retired effective on 1 Jan 11. His application for TEB was approved in Jan 10, therefore his service obligation was to 31 Jan 11. 

In accordance with AFI 36-2306_ AFGM2, 1 Mar 13, Voluntary Education Program, Attachment 9, A9.18.8.5, the following are acceptable reasons an ADSC/Obligation End Date can be considered fulfilled: death of the member, disability in conjunction with retirement/separation and, hardship in conjunction with retirement/separation, approved by the Secretary of the Air Force.

Should the board grant relief, the applicant’s obligation end date will be changed to 31 Dec 10. 

A complete copy of the AFPC/DPS3A 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 31 May 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 error or injustice.  We note AFPC/DP3SA recommends denial stating the applicant did not complete his required service obligation to 31 Jan 11, which was established by applying for the TEB Post 9/11 GI Bill in Jan 10.  However, the applicant could not complete this active duty service commitment (ADSC) due to reaching his maximum service or time in grade per title 10 U.S.C section 632.  In this case, the applicant twice failed promotion selection to the grade of major and was continued on active duty until he became first time retirement eligible. In similar cases AFPC/JA recommended approval referring to both DODI 1341.13 and AFI 36-2649 as stating any service member, who is entitled to the Post-9/11 GI bill at the time of the approval may transfer that entitlement provided he or she has at least 10 years of service in the Military Services (active duty or Selected Reserve) on the date of approval are precluded by either standard policy (Service or DOD) or statute from committing to four additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute are eligible for the TEB.  In this case, the applicant had 10 years of service but could not fulfill the ADSC because of statue.  Accordingly, we agree with this opinion as a basis for our conclusion the applicant’s record should be corrected as shown below.

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 31 December 2010 he completed the required Active Duty Service Commitment for the Transfer of Educational Benefits program as required by DODI 1341.13, Post-9/11 GI Bill.

The following members of the Board considered AFBCMR Docket Number BC-2015-03916 in Executive Session on 13 Dec 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03916 was considered:

	Exhibit A.  DD Form 149, dated 25 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 17 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 31 May 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 that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.