RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02486

						COUNSEL:  NONE
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) be adjusted from 7 Jul 17 to his mandatory retirement date/date of separation (DOS) of 1 Jun 17 to allow for Transfer of Education Benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:

He extended his enlistment to 18 Jun 17 to be eligible for TEB.  Due to a delay in processing his extension paperwork, his ADSC was established as 7 Jul 17.  He recently declined an overseas assignment and was forced to retire effective 1 Jun 17.  He feels his ADSC should be aligned with his current DOS of 1 Jun 17.

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

STATEMENT OF FACTS:

The applicant served in the Regular Air Force in the grade of Master Sergeant, E-7, during the matter under review.

On 3 Jul 13, the approval authority approved the applicant’s extension for 21 months for the purpose of, “Qualify for Post 9/11 TEB” and extended his DOS to 18 Jun 17.

On 8 Jul 13, the applicant signed the Post 9/11 G.I. Bill Transfer of educational Benefits Statement of Understanding (SOU).

On 9 Jul 13, according to AFPC/DP3SA, the applicant’s application for TEB was approved resulting in a 4-year ADSC based on the applicant’s eligibility status on the date of request, 10 Jun 13, and incurred an ADSC of 9 Jun 17.

On 16 Jun 15, the applicant declined retainability for an assignment as evidenced by AF Form, PCS/TDY, Deployments or Training Declination Statement.
On 7 Jun 16, the applicant was counseled on the Montgomery and Post 9/11 GI Bill TEB, as evidenced on Retirement Pre-Application Checklist, Section 2. 

On 1 Jun 17, the applicant retired and was credited with 20 years, and 16 days of 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 an error or an injustice.  

In accordance with (IAW) Air Force Instruction (AFI) 36-2649, Voluntary Education Program, Attachment 13, A13.18.8.5, 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
-	Hardship, in conjunction with retirement/separation, approved by the SECAF
-	Discharge from a Reduction in Force
-	Discharge from a Force Shaping action.

The ADSC of 7 Jul 17 the applicant is referring to and reflected in his Military Personnel Data System (MILPDS) record is incorrect and should reflect 9 Jun 17.  The applicant’s Defense Manpower Data Center (DMDC) records show his TEB application was approved on 9 Jul 16 [sic], resulting in a 4- year ADSC based on his eligibility status on the date of request, 10 Jun 13.  In order to retain TEB benefits, the applicant had to serve to/through the Obligation End Date, 9 Jun 17.  The applicant declined retainability for an overseas assignment via AF Form 964, PCS, TDY, Deployments, or Training Declination Statement and did not fulfill his TEB obligation.  His date of separation was rolled back from 18 Jun 17 to 31 May 17 with a retirement date of 1 Jun 17.

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 31 Jan 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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or an 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-2016-02486 in Executive Session on 14 Sep 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02486 was considered:

	Exhibit A.  DD Form 149, dated 8 Jun 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 20 Sep 16.
	Exhibit D.  Letter, AFBCMR, dated 31 Jan 17, w/atch.

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.