RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01523 

               			COUNSEL:  NONE

          				HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His GI Bill Post 9/11, Transfer of Education Benefits (TEB) be restored.

APPLICANT CONTENDS THAT:

An injustice occurred when in 2015, two years after being forced to retire in 2013, his TEB was retroactively revoked resulting in $50K debt because his son had used the TEB program in 2012 and 2103 and daughter in 2015 after her certificate of eligibility was approved by DOD and the VA.

In Feb 2011 he accepted a 4-year active duty service commitment (ADSC) to Jan 15 allowing for the TEB to his children.  However, he was forced to retire by policy and statue in 2013 after reaching his maximum time in service and being passed over to lieutenant colonel.

He was provided guidance by AFPC Retirements and the Total Force Service Center (TFSC) that he would remain eligible for the TEB if he was forced to retire and not offered continuation.  Additionally, he felt assured by Continuation Board and Title 10 USC that he would be mandatorily continued until is ADSC if passed over for promotion.

He should have been retained on active duty to complete his ADSC (Title 10 USC 632) or had his TEB secured on his retirement (DODI1341.14). The GI Bill protects members unable to complete the ADSC if precluded by policy, statue or force shaping as long as they agreed to serve the maximum years allowed by that statue or policy.  

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

STATEMENT OF FACTS:

The applicant retired effective 1 Sep 13, having served 20 years 4 months and 10 days of active service and 32 years, 5 months and 18 days service for pay.

DODI 1314.13, Post 9/11 GI Bill, defines members as eligible for the TEB, which includes members who have at least 10 years of service in the Military Services (active duty or Selected Reserve), NOAA Corps, or PHS on the date of approval, and are precluded by either standard policy (Service or DOD) or statute from committing to four additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute. AFI 36-2649, Air Force Voluntary Education Program, paragraph A13.18.1.1.2 includes the language of DODI 1314.13.

Per statue, 10 U.S.C. § 632, the applicant was precluded from serving the full TEB ADSC because of his second deferral for promotion to lieutenant colonel.  

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 contends he was denied TEB because he was unable to complete the ADSC due to a mandatory date of separation.  The member applied and was approved for TEB effective 1 Feb 11; however, because he was subsequently passed over twice for promotion, he was required to separate prior to fulfilling the TEB obligation. To retain TEB benefits, he had to serve to/through the Obligation End Date (OED) of 31 Jan 15.  The member retired effective 1 Sep 13.  In accordance with AFI 36-2306_AFGM2, Voluntary Education Program, 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 or; hardship, in conjunction with retirement/separation, approved by the SECAF.  

Should the Board elect to grant the request, the applicant’s Obligation End Date will be adjusted to 31 Aug 13.

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 21 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 an injustice.  We note AFPC/DP3SA recommends denial, stating the applicant did not complete the required four year ADSC prior to his retirement on his 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 both DODI 1341.13 and AFI 36-2649 state members having at least 10 years of service on the date of application, but 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 are eligible for the TEB program.  In this case, the applicant retired on his MSD of 1 Sep 13 which was established as a result of serving his maximum time in service and second promotion deferral to lieutenant colonel per 10 U.S.C.§ 632.  Therefore the Board concludes the applicant has been the victim of an error or injustice and recommends 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 August 2013 he met the Obligation End Date required by the Post 9/11 GI Bill Transfer of Education Benefits program.

The following members of the Board considered AFBCMR Docket Number BC-2016-01523 in Executive Session on 27 Jul 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-2016-01523 was considered:

	Exhibit A.  DD Form 149, dated 13 Apr 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 19 Jul 16.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Oct 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.