RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01153

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment date be adjusted to allow transfer of his Post-9/11 GI Bill Educational Benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:

He signed a waiver for early retirement and asked many people at the education center about transfer of educational benefits.  He was told he would have to contact the Department of Veterans Affairs or wait to see if the benefits would be approved when he used them.

When his son enrolled in college, benefits were initially approved, but when no payment was made to the school, the applicant contacted the Department of Veterans Affairs and was told benefits were not approved.

After 23 years of service, he should be able to use his college benefits the way he needs to help his family.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 30 Jul 86, the applicant initially entered the Regular Air Force.

On 29 Jun 94, the applicant was furnished an Honorable discharge and credited with 7 years, 11 months, and 0 days active service.

On 10 Aug 98, the applicant re-entered the Regular Air Force.

On 8 Sep 12, the applicant signed a Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding.

On 23 Oct 12, the applicant submitted a request to waive his Active Duty Service Commitment (ADSC).

On 1 Oct 13, the applicant retired and credited with a total of 23 years, 0 months, and 21 days active service.

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 error or injustice.

The applicant submitted a TEB application on 4 Sep 12 and incurred a two-year service obligation, in accordance with Air Force Instruction 36-2306, Voluntary Education Program, Attachment 9, A9.18.1.4.4..  He submitted a voluntary retirement application on 15 Oct 12, and was advised by the Air Force Personnel Center (AFPC) Retirements and Separations Branch personnel that he had an ADSC associated with the Post-9/11 GI Bill transfer of benefits.  He was further advised to obtain approval, he must submit a waiver request.

Additionally, the applicant acknowledged the following on his Retirement Pre-Application Checklist, dated 19 Oct 12, 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 and Training Section.

Furthermore, in the applicant’s waiver request, he stated:

“I am now aware of the ADSC for transferring the Post-9/11 GI Bill and have been counseled by a Veterans Administration representative and also an educational counselor at Hill AFB.  I understand I may lose the transfer benefits if approved to retire.”

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 10 Apr 17 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 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-2016-01153 in Executive Session on 27 Jul 17 under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01153 was considered:

	Exhibit A.  DD Form 149, dated 17 Mar 16.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 6 Jul 16.
	Exhibit D.  Letter, AFBCMR, dated 10 Apr 17, w/atch.

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 regarding AFBCMR Docket Number BC-2016-01153, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.