RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03706 

  						COUNSEL:  NONE

HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His dependent daughter’s Post-9/11 GI Bill Transferability of Educational Benefits (TEB) be fully reinstated.  

APPLICANT CONTENDS THAT:

When he went through a Medical Evaluation Board (MEB), his commander recommended he be returned to duty until retirement eligible or be medically retired.  He was told he would have to submit a waiver to allow his daughter to keep her TEB benefits.  He thought his waiver was valid until a Jun 13 audit.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 31 Mar 92.

On 1 Apr 12, the applicant retired after serving 20 years and 1 day of active service.   

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 he 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) or 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.  Defense Manpower Data Center records (DMDC) show the applicant applied for TEB via MilConnect on 30 Jun 10, was approved on 14 Aug 10, and incurred a three-year ADSC through 29 Jun 13 in accordance with AFI 36-2306, Voluntary Education Program, Attachment 9, A9.18.1.4.5.  

The applicant’s TEB Statement of Understanding (MOU) states:  I will incur a service obligation of four years and an Active Duty Service Commitment (ADSC) will be updated in my records effective from date of application in the Defense Manpower Data Center (DMDC) Transfer of Education Benefits (TEB) website.  Exception:

e. For those individuals eligible for retirement on or after August 1, 2011, and before August 1, 2012, 3 years of additional service is required

The applicant submitted a voluntary retirement application on 26 Apr 11 and was approved under a Best Interest of the Air Force waiver.  The waiver only allowed the member to retire, not retain TEB.  On 12 Feb 13, the member’s record was audited by AFPC Education Services and he was notified via MyPers his Jun 10 application was revoked due to failure to complete the ADSC.  

Recommend denial.  The member does not provide sufficient evidence of an error or injustice on the part of the Air Force.  Member did not complete the required ADSC.  

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 2 Oct 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 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 or injustice.  While we note the comments of AFPC/DP3SA indicating relief should be denied because he failed to complete his TEB-related ADSC prior to his retirement, we believe a preponderance of the evidence substantiates corrective action is warranted.  The Board notes DODI 1341.13 states members who have at least 10 years of service on the date of application, are precluded by either policy or statute from committing to four 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 applied and was approved for TEB after serving 10 years, retired as the result of serving until his mandatory separation date, was precluded from additional service, and served the maximum amount of time allowed.  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 on 31 March 2012, the remainder of his active duty service commitment associated with the Post-9/11 GI Bill Transferability of Educational Benefits (TEB) was waived by competent authority, allowing him to retain TEB upon retirement on 1 April 2012.

The following members of the Board considered AFBCMR Docket Number BC-2016-03706 in Executive Session on 28 Nov 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 15 Nov 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 5 Dec 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 2 Oct 17.

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 in the above entitled matter.