RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04624

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The Obligation End Date (OED) for Post-9/11 GI Bill Transfer of Education Benefits (TEB) to dependents be adjusted to match his date of retirement.

APPLICANT CONTENDS THAT:

He was told that due to his retirement prior to his four year service commitment date, he would no longer qualify to transfer his GI Bill benefit to his son.  He appeals this decision because he believes that he meets the criteria to transfer under DODI 1341.13, Post-9/11 GI Bill, Enclosure 3, 3.a.(2)., “…precluded by either standard policy (Service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.”

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

STATEMENT OF FACTS:

On 13 Oct 82, the applicant initially entered the Air Force Reserve.

On 3 Mar 02, the applicant entered the Air National Guard (ANG).

On 22 Apr 14, the applicant transferred his educational benefits to his dependents incurring a four year service obligation.

On 15 Jan 15, the applicant was furnished an honorable discharge, and was credited with 32 years, 0 months, and 23 days of Air National Guard service.

On 14 Sep 15, the TEB request was rejected at the request of the Air Reserve Personnel Center.

On 15 Sep 15, the applicant’s former unit commander signed a memorandum, indicating that the applicant was precluded by the California ANG from committing to four additional years.

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 denial.

The applicant signed the Statement of Understanding acknowledging the four year service obligation, but did not complete the obligation.

The applicant’s retirement code on his NGB Form 22, Report of Separation and Record of Service, is listed as a standard voluntary retirement.

The Recruiting and Retention Manager (RRM) for the applicant’s former unit contacted the applicant’s former unit leaders and advised them that the applicant was in a positon that was eliminated/converted and was given the opportunity to retrain in order to maintain his position.  The applicant did not want to go to technical training, so he was kept on the books with no Air Force Specialty Code (AFSC).  Once he showed up on the overdue training list, he was forced to retire, as there were no schools available to attend at the time.  The applicant’s former unit stated that he was offered technical training in his AFSC, but he refused to go to training when the school was available.

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 Jul 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 the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  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-2015-04624 in Executive Session on 15 Feb 17 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04624 was considered:

	Exhibit A.  DD Form 149, dated 25 Oct 15, w/atchs.
	Exhibit B.  Applicant's Excerpts from Personnel Records.
	Exhibit C.  Memorandum, NGB/A1Y, dated 22 Jun 16.
	Exhibit D.  Letter, AFBCMR, 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.