RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05268 

APPLICANT					COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) date be changed in his records to coincide with his retirement date to allow Transfer of Education Benefits (TEB) to his dependent.

APPLICANT CONTENDS THAT:

He incurred an ADSC date of 25 Feb 16 when applying for TEB.  Chronic health problems led him to retire prior to his ADSC, but a waiver was submitted and approved to allow retirement and TEB.  In the Fall of 2015, his daughter was denied TEB due to his ADSC still reflected 25 Feb 16.  His 22 years and 10 months served in the Air Force should fulfill the time requirement to allow TEB.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 25 Feb 92.

On 10 Jul 14, according to the documentation provided by the applicant, he submitted an ADSC Waiver request, incurred by his TEB application, to allow him to voluntarily retire on 1 Dec 14 in line with the AF Chief of Staff’s memorandum supporting voluntary separations and retirements and based on his health issues.

On 1 Dec 14, the applicant retired, and was credited with 22 years, 9 months, and 6 days of active service.   

On 21 Apr 15, according to the documentation provided by the applicant, MyPers – Total Force Service Center notified him his TEB to his dependent was lost and could not be reinstated based on his waiver request for retirement “Best Interest of the Air Force.”

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.  The applicant retired under a Best Interest of the Air Force waiver and is ineligible for TEB in accordance with (IAW) AFI 36-2649, Voluntary Education Program, Attachment 13, A13.18.8.5.  The waiver allowed the applicant to retire, but the benefit was lost because he did not fulfill the required service obligation.  

On 11 Jan 13, the applicant submitted a TEB application and was approved.  He incurred an ADSC of 25 Feb 16 IAW AFI 36-2306, Attachment 9, A9.18.1.3

On 30 Jun 14, the applicant submitted a voluntary retirement application.  His retirement application was approved with a Best Interest of the Air Force waiver on 30 Jul 14.  During the retirement application process, the Air Force Personnel Center (AFPC) Retirements and Separations Branch informed the applicant via email he had an ADSC associated with the Post-9/11 GI Bill TEB.  He was further advised that in order to obtain approval, he must submit a waiver request.  The email stated:  “If approved for a waiver of your ADSC, the Department of Veterans Affairs (VA) may treat any benefits paid to dependents as an overpayment and may collect the amount of the overpayment from the service member. Please contact the VA for more information prior to applying for the waiver”.

Additionally, the applicant understood and acknowledged on his Retirement Pre-Application Checklist, dated 11 Jul 14, Section 2, Montgomery and Post 9/11 GI Bill Counseling:  “we highly recommend you seek counseling prior to submitting your application for separation/retirement.  If you take action after being approved for separation/retirement, you could lose the benefit if you can't complete the required service before your approved separation/retirement date.  Please contact the Education & Training Section immediately for assistance.”  There is no record the applicant contacted the AFPC Education & Training Section.  

A complete copy of the AFPC/DP3SA evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and argues he met all requirements and was awarded the TEB.  Although he did not meet the ADSC, in his opinion he fulfilled the spirit and intent of the ADSC requirement by serving 16 years and 10 months past the required 4 years.  He states the “Best Interest of the Air Force” waiver is not listed in any regulation as a disqualifying event.  He fully intended to fulfill his ADSC, but unforeseen circumstance granted him retirement in the “Best Interest of the Air Force”, not in “his own best interest.”

The applicant’s complete response is at Exhibit E.  

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 or 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-2015-05268 30 Mar 17 in Executive Session on 30 Mar 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05268 was considered:

	Exhibit A.  DD Form 149, dated 22 Mar 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 11 May 16 w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 21 Jun 16.
	Exhibit E.  Letter from Applicant, not dated.

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.