RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03239

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be approved for transfer of his Post-9/11 GI Bill benefits to dependents.

APPLICANT CONTENDS THAT:

He has an approved TEB letter, but was forced to retire before completing his active duty service commitment (ADSC) due to being non-selected for promotion.

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

STATEMENT OF FACTS:

The applicant retired from the Regular Air Force on 1 Sep 14 and was credited with 20 years, 11 months, and 13 days of active service.

On 3 Oct 11, the applicant completed and digitally signed the Post9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU).  Item 1, Service obligation, states “In accordance with Title 38 U.S.C., Chapter 33 and AFI 36-2107, I will incur a service obligation of 4 years and an ADSC will be updated in my records effective from date of application in the Defense Manpower Data Center (DMDC) TEB website.”

On 7 Mar 13, according to the documentation provided by the applicant, his Wing Commander informed him he was not selected for promotion to the grade of Lieutenant Colonel by the CY12C Lieutenant Colonel Central Selection Board.

On 1 Aug 16, according to the documentation provided by the applicant, he was approved to transfer unused Post 9/11 GI Bill benefits to members of his immediate family.

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 (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 AFI 36-2306, Voluntary Education Program, Attachment 9, A9.18.8.5, acceptable reasons an ADSC/Obligation End Date can be considered fulfilled are; death of the member, disability, in conjunction with retirement/separation from the Air Force and hardship, in conjunction with retirement/separation, approved by the Secretary of the Air Force.  The applicant was approved for TEB on 28 Sep 11, and incurred an ADSC to 27 Sep 15.  

Although the applicant’s TEB application was reviewed and approved, he was passed over twice for promotion, was required to separate, and did not fulfill his TEB obligation.  In order to retain TEB benefits, the applicant had to serve to/through the Obligation End Date, 27 Sep 15.  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.

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 11 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  We note AFPC/DP3SA recommends 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 DODI 1341.13 and AFI 36-2649 states that members who have at least 10 years of service on the date of application, are precluded by either policy or statute from completing the additional years of service and agree to serve the maximum amount of time allowed by such policy or statute are eligible for TEB.  In this case, the applicant retired on his MSD of 1 Sep 14 which was established as a result of his second deferral for promotion to the grade of lieutenant colonel per 10 U.S.C. § 632 and served through his MSD.  Accordingly, we use these facts as the basis for our conclusion the applicant has been the victim of an injustice.  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 the APPLICANT be corrected to show that on 31 Aug 14, he completed the required ADSC for TEB as required by DODI 1341.13, Post-9/11 GI Bill.   

The following members of the Board considered AFBCMR Docket Number BC-2016-03239 in Executive Session on 8 Jun 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-2016-03239 was considered:

	Exhibit A.  DD Form 149, dated 1 Aug 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 10 Nov 16.
	Exhibit D.  Letter, AFBCMR, dated 11 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.