RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00219
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be approved by waiving the service commitment obligation.

APPLICANT CONTENDS THAT:

In May 14, he applied, and was approved, to transfer his Post-9/11 GI Bill to his dependents.  He agreed to the service commitment requirement; however, due to no fault of his own, he was not selected for reenlistment because of force management reasons.  This decision by his Commander caused him to become ineligible to transfer his benefit.  He requests the board grant him a waiver from his service obligation so he can transfer this benefit for his children's education.

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

STATEMENT OF FACTS:

On 3 Mar 92, the applicant initially entered the Regular Air Force.

On 24 May 03, the applicant transitioned into the Air National Guard (ANG).

On 25 Apr 14, the applicant transferred educational benefits to his dependents incurring a 4-year service obligation until 24 Apr 18.

On 16 Jan 15, the applicant was not selected for reenlistment due to Force Realignment and Management instructions to not allow members with more than 20 years of service to reenlist.

On 31 Mar 15, the applicant was furnished an Honorable discharge, and was credited with 23 years, 0 months, and 28 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:

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

The Recruiting and Retention Manager (RRM) for the applicant’s unit indicates that she was not in the position at the time of his retirement and was unable to locate the exit survey to include the Montgomery GI Bill counseling letter; however, she did provide the AF Form 4406, Statement of Understanding (SOU), indicating the applicant’s acknowledgement of the 4-year service obligation.

NGB/A1Y recommends adjusting the applicant’s obligated enlistment date to match his separation date for transfer of benefits to his dependents.  The applicant agreed to the 4-year service obligation, but was forced to retire by his commander due to Force Realignment and Management.  While the Department of Defense Instruction (DoDI) requires the 4-year service obligation, provisions are made for involuntary force shaping.  The ANG equivalent of "involuntary force shaping" is the Selective Retention Program, which is a means of Force Realignment and Force Management.  The member has qualifying service for Post-9/11 GI Bill benefits.

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 6 Oct 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 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 Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  While the OPR recommends adjusting the applicant’s obligated enlistment date to match his separation date for transfer of benefits to his dependents, we believe the recommended correction below is proper and fitting.  Therefore, 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 the APPLICANT be corrected to show that on 29 March 2011, he was approved to transfer his Post 9/11 GI Bill Educational Benefits (TEB) to his eligible dependents, and on 31 March 2015, he completed the required Active Duty Service Commitment for Post-9/11 GI Bill Transfer of Educational Benefits, as required by Department of Defense Instruction 1341.13, Post-9/11 GI Bill.

The following members of the Board considered AFBCMR Docket Number BC-2016-00219 in Executive Session on 8 Jun 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-2016-00219 was considered:

	Exhibit A.  DD Form 149, dated 15 Jan 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, NGB/A1Y, dated 27 Jul 16.
	Exhibit D.  Letter, AFBCMR, dated 6 Oct 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.