RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03329

Mark T. McElroy	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

His active duty service commitment (ADSC) be adjusted from 1 Oct 17 to 1 Jul 17 to allow for the Transfer of Education Benefits (TEB) eligibility for his son.

APPLICANT CONTENDS THAT:

His request to transfer his Post-9/11 benefits to his son was approved in Oct 13 with an ADSC of Oct 17.  In Aug 15, he received a mandatory retirement date of 1 Jul 17, which left him 3 months short of completing the 4–year ADSC incurred.  He would like to retain this benefit for his son.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 3 Oct 13, the applicant was approved for TEB, with an ADSC of 1 Oct 17. 

On 25 Aug 15, the applicant was informed that he was considered but not selected for promotion to lieutenant colonel.

On 1 Jul 17, the applicant retired from the Air Force in the rank of major.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  The complete advisory is at Exhibit C.

AFPC/JA recommends granting the application.  On 1 Oct 13, the Air Force approved the applicant’s request to transfer his post-9/11 GI Bill education benefits IAW 38 USC § 3319; DoDI 1341.13, Enclosure 3; and (at that time) AFI 36-2306, Attachment 9.  Consequently, he was given an ADSC of four years (30 Sep17).  On the date of approval, the applicant had 16 years of active duty service.  Subsequently, he was twice passed over for promotion to lieutenant colonel, and therefore federal law (10 USC § 632) forced him to retire no later than 1 Jul 17.  Since an intervening federal statute prevented him from serving out his active duty service, and since he met all other eligibility criteria, he is eligible to transfer the education benefit under DoDI 1341.13, paragraph 3a of Enclosure 3.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Jun 18, for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice.  While the Board notes the comments of AFPC/DP3SP indicating that relief should be denied, the Board concurs with the recommendation of AFPC/JA that relief should be granted.  Therefore, the Board recommends correcting the applicant’s records 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 the Board’s understanding of the issues involved.

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 30 June 2013 he transferred his Post-9/11 GI Bill Educational Benefits to his eligible dependents, with no further service obligation.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03329 in Executive Session on 30 Aug 18:

	Ms. Marcia J. Bachman, Panel Chair
	Mr. Ricky E. Bennett, Panel Member
	Ms. Sara V. Keller, Panel Member

All members voted to correct the record.  The panel considered the following:

	Exhibit A:  Application, DD Form 149, w/atchs, dated 29 Jul 16.
	Exhibit B:  Documentary evidence, including relevant excerpts from official records.
	Exhibit C:  Advisory opinion, AFPC/DP3SP, dated 3 Jan 17.
	Exhibit D:  Advisory opinion, AFPC/JA, dated 24 Aug 17.
	Exhibit E:  Notification of Advisory, SAF/MRBC to applicant, dated 11 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.