RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-02207

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) for transfer of educational benefits (TEB) be changed from 6 Feb 17 to 31 Jan 17.

APPLICANT CONTENDS THAT:

He was twice passed over for promotion and given a mandatory retirement date of 31 Jan 17.  His ADSC was already a matter of record when Air Staff mandated his separation date.  Rather than matching his retirement date to his existing ADSC, Air Staff implemented a date that was six days short.  He believes this action is extremely unjust for an honorably serving 24-year veteran.  He intended to transfer his benefits to his daughter to provide her with a college education and that is now in jeopardy.

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

STATEMENT OF FACTS:

On 2 Apr 93, the applicant initially entered the Regular Air Force.

On 12 Jan 07, the applicant was furnished an Honorable discharge and credited with 13 years, 9 months, and 11 days active service.

On 13 Jan 07, the applicant entered active service with the Regular Air Force as a commissioned officer.

On 7 Feb 13, the applicant was approved for TEB and incurred an ADSC until 6 Feb 17.  At the time of approval, the applicant had 19 years, 10 months, and 5 days active service.

On 25 Nov 14, the applicant was notified he was twice passed over for promotion to Major, and given a mandatory separation date of 31 Jan 17.

On 31 Jan 17, the applicant was furnished an Honorable discharge, and credited with 23 years, 9 months, and 29 days active service.

Department of Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bill, Enclosure 3, Paragraph 3, states: Any service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided her or she has at least 10 years of service in the Military Services (active duty or Selected Reserve) on the date of approval, is precluded by either standard policy (Service or DOD) statute from committing to four additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SA recommend denial, indicating there is no evidence of error or injustice.

In order for the applicant to retain TEB, he had to serve to/through the obligation end date of 6 Feb 17.  The applicant received a mandatory separation date of 31 Jan 17 due to being twice passed over for promotion.  In accordance with Air Force Instruction (AFI) 36-2649, Voluntary Education Program, Attachment 13, A13.18.8.5, the following are acceptable reasons for an ADSC to be considered fulfilled:  death of the member; disability in conjunction with retirement/separation; hardship in conjunction with retirement/separation (approved by the Secretary of the Air Force); discharge for Reduction in Force; and discharge from a Force Shaping action.

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 13 Dec 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 took notice of the applicant’s complete submission in judging the merits of the case.  Additionally, we note AFPC/DP3SA recommended 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 31 Jan 17 which was established as a result of serving his maximum time in service and second promotion deferral to Major per 10 U.S.C.§ 632.  Therefore, the Board concludes the applicant has been the victim of an injustice and recommends the applicant’s records be corrected, in order to ensure full and fitting relief, as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that effective 1 February 2013, his Post-9/11 GI Bill transfer of education benefits was approved with an obligation end/Active Duty Service Commitment date of 31 January 2017.  

The following members of the Board considered AFBCMR Docket Number BC-2016-02207 in Executive Session on 28 Sep 17 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02207 was considered:

	Exhibit A.  DD Form 149, dated 23 May 16, w/atch.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 25 Aug 16.
	Exhibit D.  Letter, AFBCMR, dated 13 Dec 16, 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-2016-02207, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.