RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04044

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Approval to retain her Post-9/11 GI Bill Education Benefits (TEB) which she transferred to her dependents. 

APPLICANT CONTENDS THAT:

She was involuntarily separated from the Air Force due to her non-selection to the grade of major.  She intended to continue to serve.  Her active duty service commitment (ADSC) for TEB should be adjusted to her new mandatory date of separation.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 20 Oct 08.

On 1 Feb 16, the applicant was furnished an honorable discharge, with a narrative reason for separation of “Non-selection, Permanent Promotion,” and was credited with 7 years, 3 months, and 11 days of active service.   

DODI 1341.13, 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 her 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) statute from committing to four additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.”

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.  In order to retain TEB benefits, a member has to serve to/through the completion of their ADSC.  In accordance with AFI 36-2649, Voluntary Education Program, the following are acceptable reasons an ADSC can be considered fulfilled:

-	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
-	Discharge from a Force Shaping action

There are no provisions in the AFI guidance for TEB to allow members twice passed over for promotion and subsequently separated prior to completion of the TEB-related ADSC to retain TEB.  The applicant was approved for TEB effective 9 Jul 14 and incurred an ADSC through 8 Jul 18.  The applicant separated on 1 Feb 16.  Therefore, she did not fulfill the required ADSC to retain her TEB.  

A complete copy of the AFPC/DP3SA 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 6 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 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 AFPC/DP3SA and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  While the Board notes the applicant’s contention she was involuntarily separated and intended to continue to serve, in accordance with public law and DoD policy the Air Force’s authority to waive the requirement for an applicant to complete a four-year ADSC when being separated due to policy or statute only applies to members who have a least ten years of service.  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-2015-04044 in Executive Session on 13 Dec 16 and 3 Jan 17 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 16 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 3 Feb 16.
	Exhibit D.  Letter, SAF/MRBR, dated 6 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 that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.