RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01099 

						COUNSEL: 

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Obligation End Date be adjusted from 12 September 2017 to 31 December 2015 for the Post-9/11 GI Bill Transfer of Education Benefits (TEB).

APPLICANT CONTENDS THAT:

He was non-retained during the 2015 selective retention review, which at that time was a non-voluntary action.  The base retention office manager (ROM) confirmed through the functional area manager (FAM) that non-voluntary non-retention would not prohibit him from transferring education benefits to his dependents. 

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

STATEMENT OF FACTS:

The applicant initially entered the Ohio Air National Guard (ANG) on 28 January 1993.

IAW AFI 36-2649, Voluntary Education Program, Attachment 13, A13.18.8.5, reasons an ADSC/Obligation End Date can be considered fulfilled are as follows:

•	Death of the member;
•	Disability, in conjunction with retirement/separation from the Air Force;
•	Hardship, in conjunction with retirement/separation, approved by the SECAF;
•	Discharge from a Reduction in Force; and
•	Discharge from a Force Shaping action

On 31 December 2015, the applicant was released from active duty and transferred to the Retired Reserve List (RRL) and was credited with 22 years, 11 months, and 4 days of total active service for pay.

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 granting the applicant’s request, indicating he agreed to a 4-year service obligation; however, he was forced to retire by his commander due to his non-retention via the Air National Guard (ANG) Selective Retention Program.

On 13 September 2013, the applicant transferred education benefits to his dependents.  He incurred an active duty service commitment (ADSC) until 12 September 2017.  

DoDI 1341.13, Post-9/11 GI Bill, requires the 4-year service obligation, however, 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 Management.  In addition, NGB/A1Y informed the field that members non-retained via the Selective Retention Program were authorized to have their OED adjusted to match their separation date.  

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 27 December 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 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.  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 the APPLICANT be corrected to show that on 31 December 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-2016-01099 in Executive Session on 27 July 2017, under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 29 Feb 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1Y, dated 19 Sep 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Dec 16.