RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01572

MATTHEW M. HANNEKEN			COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) be changed to 31 Jul 16, his Mandatory Separation Date (MSD), to allow him to transfer his Post 9/11 GI Bill educational benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:

He needs a waiver of 2 ½ months to be able to utilize his TEB.  He served over 95 percent of his ADSC.  

He agreed to the ADSC for the TEB with the intention of completing it through Oct 16; however, because he was twice passed over for promotion to major, he had to separate and was not be able fulfill his TEB obligation.

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

STATEMENT OF FACTS:

On 1 Jun 05, the applicant was appointed as a second lieutenant (2Lt) in the Air Force Reserve.

On 4 Oct 12, the applicant signed an AF Form, Post 9/11 GI Bill Transfer of Educational Benefits Statement of Understanding, acknowledging he would incur a four year service obligation.

On 24 Mar 16, the applicant signed a Statement of Acceptance/Declination for Initial Selective Continuation, declining continuation on active duty and acknowledged, as a result of the declination, that he would be separated from active duty.

On 31 Jul 16, the applicant was furnished an honorable discharge and was credited with 11 years and 2 month of active service.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D.  

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denial indicating there is no evidence of an error or an injustice.  The applicant did not fulfill his service obligation.  In accordance with AFI 36-2306, Voluntary Education Program, being passed over for promotion is not an acceptable reason to consider an ADSC fulfilled.

On 16 Oct 12, the applicant was approved for TEB and incurred a four year ADSC.  In order to retain his TEB benefits, he would have to serve until his Obligation End Date, 15 Oct 16.  There is no provision in TEB guidance granting fulfillment of obligation in the event a member is passed over twice for promotion and subsequently separated from service.  According to AFI 36-2306, Education Services 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.

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

AFPC/JA concurs with AFPC/DP3SA and recommends denial indicating there is no evidence of an error or injustice.

In order to be eligible for TEB: a service member must have served at least six years of service and agree to serve four additional years of service.  In this case, the applicant separated from the Air Force two and a half months prior to completing the four year ADSC.  Although he was precluded by statute from fulfilling the ADSC, the exception for that situation only applies to individuals who have at least ten years of service on the date of application.  The applicant only had seven.  Additionally, the law does not provide a waiver for individuals who have been passed over twice for promotion.

A complete copy of the AFPC/JA evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 19 Dec 16, for review and comment within 30 days (Exhibit E).  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 opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS 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-2016-01572 in Executive Session on 27 Jul 17, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 31 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 19 Jul 16.
	Exhibit D.  Memorandum, AFPC/JA, dated 13 Dec 16.
Exhibit E.  Letter, SAF/MRBR, dated 19 Dec 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.