FOR OFFICIAL USE ONLY - PRIVACY ACT OF 1974

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-04268
		COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) be adjusted from 2 Jan 16 to his mandatory retirement date of 31 Dec 15. In addition, he requests Transfer of Education Benefits (TEB) be made available to his dependents.

APPLICANT CONTENDS THAT:

He received assignment orders on 12 Jun 15. Instead of proceeding on with the assignment, he decided to retire. Due to rejecting the assignment, it required him to retire within 6 months. He was on trabk to fulfill his ADSC with his original DOS of 16 Jan 16 prior to the decision of retiring. He believes after 22.5 years of honorable service the remaining ADSC should be waived and he receive TEB.

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

STATEMENT OF FACTS:
On 27 May 93, the applicant init.tally entered the Regular Air Force.

On 3 Jan 12, the applicant applied and was approved · for TEB resulting in a 4 year ADSC. The Obligation End Date was 2 Jan 16 (IAW AFI 36-2306, Attachment 9,. A9.18.1.2).

On 23 Jun 15, he declined the retainability for an ssignment via AF Form 964 (PCS, TDY, Deployments, or Training Declination Statement) .

On 23 Jun 15, the applicant' s Date of Separation was rolled back from 16 Jan 16 to 31 Dec 15 and he received an effective retirement date 1 Jan 16.
On 31 Dec 15, the applicant was furnished an honorable discharge, and was credited with 22 years, 7 months, and 4 days of active service.

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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.

Defense Manpower Data Center (DMDC) records show his TEB application was reviewed and approved resulting in a 4 year ADSC based on the applicant 's eligibility status on the date of request (3 Jan 12). In order to retain TEB benefits, the applicant had to serve to/through the Obligation End Date, 2 Jan 16·. The applicant declined retainability for an assignment via AF Form 964, PCS, TDY, Deployments, or Trdining Declination Statement. His Date of Separation was rolled back from 16 Jan 16 to 31 Dec 15. . The applicant retired effective 1 Jan 16.

In accordance with Air orce Instruction 36-2649, Voluntary Education Program, · Attachment 13, A13. 18.8.5, the following are acceptable reasons an ADSC/Obligati 6n End Date 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; aud discharge from a Force Shaping action.

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 9 Jun 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:
L The applicant has exhausted all remed'ies prq'yided by existing law or regulations.	.. , ·:

2.	.	The application was timely filed.

.i ·   '.

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 Air Force office of primary responsibility (OPR). and adopt its rationle as the basis for ou conclusion the applicant has not been the victim of an error of injustice. The applicant contends that he believes after 22.5 year . of honorable ;.service the
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remaining ADSC should be waived and he receive TEB. The applicant was aware that in order to retain TEB benefits he had to serve through 2 Jan 16 in order to retain TEB; however, as the applicant states he declined retainability for an assignment thereby necessitating his Date of Separation be changed from 16 Jan 16 to
31 Dec 15. Other than his own assertions, he has presented no evidence of an error on the part of the Air Force or that he was treated differently than others similarily situated. 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 fol1lowing members of the Board considered AFBCMR Docket Number BC-2015-04268 in Executive Session on 13 December 2016 under the provisions of AFI 36-2603:

Panel Chair 
Member
Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04268. was considered:

Exhibit A. Exhibit B. Exhibit C. Exhibit D.

DD Form 149, dated 22 Sep 15, w/atchs. Applicant' s Excerpts from Personnel Records .. Memorandum, AFPC/DP3SA, dated 18 May 16.
Letter, AFBCMR, dated 9 Jun 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.

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