RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02678

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Obligation End Date be adjusted from 21 May 17 to 30 Jun 15 for the Post-9/11 GI Bill Transfer of Education Benefits (TEB).

APPLICANT CONTENDS THAT:

Having been passed over for promotion twice, he was not provided the opportunity to complete the retention requirement for TEB.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially enlisted in the Air Force Reserve on 1 Aug 91, subsequently entered the Air Force Academy (prep school) on 1 Aug 91, and was commissioned on 29 May 96.

On 30 Jun 15, the applicant separated with 20 years of honorable service and then retired effective 1 Jul 15.

For more information, see the memoranda prepared by the Air Force offices of primary responsibility, at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denial.  The applicant’s Total Active Federal Military Service date is 1 Jul 95.  He was approved for TEB on 22 May 13 and incurred an active duty service commitment (ADSC) to 21 May 17.  The applicant had a mandatory date of separation (MDOS) of 30 Jun 15.

The applicant did not fulfill his service obligation, and there is no provision in the TEB guidance to grant fulfillment of an obligation in the event a service member is passed over twice for promotion and subsequently separation for service.

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

AFPC/JA recommends granting the applicant’s request, indicating there is evidence of injustice.

On 22 May 13, the applicant was approved for TEB.  He had 17 years of active service.  He received an ADSC to 21 May 17.  He was passed over twice for promotion to lieutenant colonel (Lt Col) and had to retire or separate no later than six months from the date of notification of the nonselection, unless he was granted selective continuation.  The applicant was granted selective continuation and permitted to stay on active duty until he reached 20 years of service.  The applicant retired on 1 Jul 15 after completing 20 years of service.

In order to be eligible to transfer education benefits to a dependent, the service member must have served at least six years and agree to serve four additional years.  The service obligation may be considered satisfied if the member (1) is precluded by Air Force policy, DoD policy, or statute from committing to the additional years of service and (2) agrees to serve the maximum amount of time allowed by such policy or statute.

The governing policies state where the ability to complete the additional four years of service is precluded by Air Force policy, DoD policy, or statute, the service member is eligible if he or she agrees to serve the maximum time allowed by the policy or statute.  The applicant was precluded from serving the four years of service required for TEB due to being passed over twice for promotion.  However, he met all the other eligibility criteria; therefore, he is eligible to transfer his educational benefits.  While AFPC/DP3SA claims applicant’s situation does not fit one of the specifically enumerated reasons for considering an ADSC fulfilled prior to actual fulfillment, we believe that provision of the AFI is inapplicable.  The applicant’s ADSC should have been adjusted at the time he was precluded by law from completing it.  He then would have successfully completed the service agreement.

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

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 10 Jan 18, for review and comment within 30 days (Exhibit E), but has received no reply.

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 injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error and injustice.  While we note the comments of AFPC/DP3SA indicating that relief should be denied, we agree with the opinion and recommendation of AFPC/JA and adopt their rationale as the basis for our conclusion.  Therefore, we recommend 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 APPLICANT be corrected to show that on 1 October 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents; and on 30 September 2013, he completed the Active Duty Service Commitment required by Department of Defense Instruction 1341.13, Post-9/11 GI Bill.

The following members of the Board considered BC-2016-02678 in Executive Session on 13 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

		, Panel Chair
		, Member
		, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02678 was considered:

	Exhibit A.  DD Form 149, dated 1 Jul 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.	Exhibit C.  Memorandum, AFPC/DP3SA, dated 17 Oct 16.
	Exhibit D.  Memorandum, AFPC/JA, dated 8 Aug 17.
	Exhibit E.  Letter, AFBCMR, dated 10 Jan 18.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), I certify 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.