RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04604

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was unable to complete his four-year service obligation due to being non-retained under the Force Management Plan.

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

STATEMENT OF FACTS:

On 6 December 1974, the applicant commenced his enlistment under the Delayed Entry program in the Regular Army (RA).  On 22 July 1975, the applicant entered active duty in the RA.  On 21 July 1978, he was released from active duty and transferred to the Army Reserve.

On 30 May 1997, the applicant commenced his enlistment with the Iowa Air National Guard (ANG).

According to information extracted from the Military Personnel Data System (MilPDS), the applicant’s point credit accounting report summary (PCARS) reflects that on 29 May 2013, he completed 20 years of satisfactory service.

On 31 May 2013, the applicant was notified he was being considered for selective non-retention.  In July 2014, the applicant was notified of his recommendation for non-retention in the Iowa ANG and that he would be discharged on 29 December 2014.  On 29 December 2014, the applicant was released from active service and transferred to the Retired Reserve List awaiting pay at age 60 (20 June 2016).  

On 20 June 2016, the applicant attained the age of 60, qualified for retired pay, and was credited with 25 years and 19 days of service for basic pay.  

The Directive Type Memorandum (DTM (09-003):  Post-9/11 GI Bill, dated 22 Jun 09, paragraph 3.a.2 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 election, 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.  

The DTM further states on eligibility of members of the Armed Forces transferability of unused benefits to dependents, states: Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either standard policy (Service or DOD) or statute from committing to 4 additional years of service for the maximum amount of time allowed by such policy or statute..

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1Y recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  

The Department of Veterans Affairs (DVA), the DOD and the Military Services Widely publicized the Post-9/11 GI Bill and the transferability feature.  The DOD developed a special website, hosted by the Defense Manpower Data Center (DMDC), to facilitate the transfer of educational benefits.  The website became operational on 27 June 2009 for the purpose of accepting transfer of benefits applications.  

The Air National Guard implemented a communication plan, utilizing the Recruiting and Retention Managers (RRMs), to serve as liaisons between NGB, DMDC, DVA, and the 54 states/territories.  The RRM is required to give Post-9/11 GI Bill and Transfer of Education Benefits (TEB) program briefings, as well as advertising the programs via internal media and communication tools (Facebook, print-ads and Newsletters).

The applicant transferred educational benefits to his dependents on 30 March 2012 with a four-year service obligation, giving him an OED of 29 March 2016.  The applicant was notified of being recommended for selective non-retention on 31 May 2013.  In 2014, he was officially notified of non-retention in the Iowa ANG and that he would be discharged effective 29 December 2014.

The DTM-09-003 notes the exceptions by which an individual’s service obligation can be adjusted.  Selection Non-Retention through the Force Management Plan is not listed as a reason for Obligation End Date (OED) adjustment.  

NGB/A1Y recommends approval of the applicant’s request to adjust his OED for transfer of education benefits.  NGB/A1Y has approved OED adjustments for service members selectively non-retained from August 2009 through March 2015.  NGB/A1Y was notified of the incorrect interpretation of the DODI; and NGB ceased adjusting OEDs based on the service member being non-retained.  Currently, NGB/A1Y and OSD are working to correct this in the DODI as the ANG’s Selective Retention Programs is a force management program considered equivalent to involuntary force shaping as listed in the DoDI.

A complete copy of the NGB/A1Y 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 5 July 2016, 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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the NGB/A1Y and adopt its rationale as the basis for our conclusion the applicant has been the victim of an injustice.  In this respect, we note the DTM state that members of the Armed Forces who have at least 10 years of active duty or Selective Reserve service on the date of application, are precluded by either policy or statute from committing to four additional years of service and agree to serve the maximum amount of time allowed by such policy or statute are eligible for TEB.  In this case, the applicant met all eligibility criteria for TEB, had agreed to serve his four years ADSC, but was separated on 29 December 2014, and was unable to complete his four-year ADSC.  We are persuaded the applicant has been the victim of an injustice and corrective action should be granted.  Therefore, we recommend the applicant’s records be corrected as indicated below.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 1 December 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents and on 30 November 2014, he completed the required Active Duty Service Commitment (ADSC) for TEB as required by DODI 1341.13, Post-9/11 GI Bill.

The following members of the Board considered AFBCMR Docket Number BC-2015-04604 in Executive Session on 13 December 2016, 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 23 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1Y, dated 16 Jun 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Jul 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.