RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04646
		
						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

Her service commitment date be adjusted or waived allowing her to transfer Post 9/11 GI Bill Education Benefits (TEB) to her dependent.

APPLICANT CONTENDS THAT:

She transferred her Post 9/11 GI Bill benefits prior to meeting the promotion board and prior to force shaping guidance of non-continuation/retention for military nurses.  Her inability to complete her service obligation was neither due to her unwillingness nor her physical fitness for duty.  Thus, having her service commitment adjusted/waived to enable the transfer of these benefits will allow her to support her dependent’s college aspirations.

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

STATEMENT OF FACTS:

On 26 May 94, the applicant initially entered the Regular Air Force

On 8 Jan 11, the applicant was approved for transfer of her Post- 9/11 GI Bill education benefits and incurred a service commitment until 7 Jan 15.

Effective 31 Aug 14, the applicant was relieved from active duty and retired effective 1 Sep 14 in the grade of Major.  

Her DD Form 214, Certificate of Release or Discharge from Active Duty, reflects her narrative reason for separation as “Vol Retirement:  Maximum Service or Time in Grade.” She was credited with 20 years, 3 months, and 5 days of active service.  

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:

AFPC/DP3SA recommends denial indicating there is no evidence of an error or an injustice.  

The applicant contends her Active Duty Service Commitment (ADSC) should be adjusted to 31 Aug 14, her mandatory date of separation.  Member was approved for TEB; however, because she was passed over twice for promotion, she was required to separate and did not fulfill her TEB obligation.  

Her TEB application was reviewed and approved resulting in a four year ADSC based on the member’s eligibility status on the date of request (8 Jan 11).  In order to retain TEB benefits, the member had to serve to/through the Obligation End Date, 7 Jan 15.  The member retired effective 1 Sep 14.  

In accordance with AFI 36-2306, 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 from the Air Force.
-	Hardship, in conjunction with retirement/separation, approved by the SECAF.

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 12 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an injustice.  We note AFPC/DP3SA recommends denial stating the applicant did not complete the required four year ADSC prior to her retirement on her Mandatory Separation Date (MSD) and there is no provision in TEB guidance to grant members passed over twice for promotion eligibility for TEB.  However, we are persuaded corrective action is warranted.  In this respect, we note that both DODI 1341.13 and AFI 36-2306 state that members who have at least 10 years of 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 is eligible for TEB.  In this case, the applicant retired on her Mandatory Separation Date of 31 Aug 14 which was established as a result of her third deferral for promotion to the grade of lieutenant colonel per 10 U.S.C. § 632.  Therefore, we recommend the applicant’s records be corrected as indicated 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 August 2010, she elected to transfer her Post-9/11 GI Bill Educational Benefits to her eligible dependents and on 31 August 2014, she 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-2015-04646 in Executive Session on 15 Feb 17 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-2015-04646 was considered:

	Exhibit A.  DD Form 149, dated 28 Aug 15, w/atchs.
	Exhibit B.  Applicant's Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 29 Feb 16.
	Exhibit D.  Letter, AFBCMR, dated 12 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 regarding BC-2015-04646.