RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02560 

   						COUNSEL:  NONE

HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

The Obligation End Date (OED)/Service Commitment Date he incurred to qualify for Post-9/11 GI Bill transfer of educational benefits (TEB) be changed to the date he separated from service, 31 Oct 16, so he can retain TEB.  

APPLICANT CONTENDS THAT:

He was not selected for continued retention by the Virgin Islands Air National Guard Selective Retention Review Board (SRRB).  There is an exception for Regular Air Force personnel to allow them to maintain their TEB if they separated due to High Year of Tenure or due to Force Shaping.  However, even though ANGI 36-2651, Air National Guard Selective Retention Review Boards, identifies an SRRB as a force management tool, there are no exceptions for ANG personnel.  

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

STATEMENT OF FACTS:

The applicant served in the Air National Guard (ANG) in the grade of chief master sergeant. 

On 31 Oct 16, the applicant retired after serving 30 years and 9 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, which is attached at Exhibit C.    

AIR FORCE EVALUATION:

The National Guard Bureau (NGB/A1) recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  Department of Defense Instruction (DODI) 1341.13, Post-9/11 GI Bill, Enclosure 3, paragraph 3.a.(1) describes a member who qualifies for TEB as an individual who, "Has at least 6 years of service...and agrees to serve 4 additional years of service..."  In addition, Enclosure 3, paragraph 3.a.(2) states, "Has at least 1O years of service...is precluded by either standard policy or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute".  Lastly, Enclosure 3, paragraph 3.g indicates the exceptions by which an individual's service obligation can be adjusted.

The applicant transferred his Post-9/11 GI Bill education benefits to his dependents on 2 May 14, incurring 4-year service obligation through 1 May 18.  The applicant provided a Memorandum for the Record (MFR) indicating his non-retention was a result of an ANG SRRB.  Therefore, he separated from the ANG on 31 Oct 16, retiring effective on 1 Nov 16, before completing his 4-year service obligation for TEB.  The applicant’s unit Recruiting and Retention Manager (RRM) indicates he was unable to complete the service obligation due to non-retention by The Adjutant General.

Recommend approval of the applicant’s request to adjust his Obligation End Date (OED) to match his separation date for transfer of benefits to dependents.  While the DODI requires the 4-year service obligation, provisions are made for involuntary separation due to force shaping.  The ANG equivalent to "involuntary force shaping" is the Selective Retention Program, which is a means of Force Realignment and Force Management.

A complete copy of the NGB/A1 evaluation, with attachments, is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 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 injustice.  We took notice of the applicant's complete submission in judging the merits of the case.  While the Board concurs with NGB/A1 that relief is warranted, we are not convinced the applicant’s situation meets the definition of force shaping.  Therefore, rather than changing his OED, we recommend the applicant's records be corrected by changing the date the applicant transferred his educational benefits to 1 July 2012, which would result in no additional active duty service commitment based on the DoD and AF policies in effect at that time..

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 on 1 July 2012, he transferred his Post-9/11 GI Bill Educational Benefits to his dependents, thereby incurring no service commitment. 

The following members of the Board considered AFBCMR Docket Number BC-2016-02560 in Executive Session on 28 Sep 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 was considered:

	Exhibit A.  DD Form 149, dated 20 Jun 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1, dated 19 Dec 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Dec 16.

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, and the foregoing is a true and complete record of the Board's proceedings.