RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04336

	COUNSEL:  

	HEARING:  NO	

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 education benefits (TEB) to his dependent.  

APPLICANT CONTENDS THAT:

He applied for TEB while on active duty.  However, his application was denied because he did not have the required 10-years of service and was unable to obtain the required retainability due to his pending medical retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force staff sergeant.  On 19 May 15, the Military Personnel Data System (MilPDS) was updated to reflect an Assignment Availability Code (AAC) 37 (Medical Evaluation Board (MEB) restriction).  On 28 Dec 15, the applicant was relieved from active duty and permanently disability retired.  He was credited with 6 years, 10 months and 5 days of active service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denying the application.  There is no record in the Defense Manpower Data Center (DMDC) the applicant applied for TEB.  The applicant is ineligible to transfer his benefits because he could not secure the required retainability due to an AAC 37 restriction.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 15 Sep 17 for comment (Exhibit D), and the applicant replied on 28 Sep 17.  In his response, the applicant contended he was unable to complete a 10-year term of service since he was being medically retired.  According to a 17 FSS/FSDE memorandum dated 17 Oct 17, provided by the applicant, Department of Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bill, dated 31 May 13, enclosure 3, section 3g(3) Simplified Rule  states he is to be “considered to have completed his service agreement as a result of being discharged for a disability.”  The applicant’s complete response is at Exhibit E.

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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SA and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Moreover, the provision cited by the applicant in his rebuttal does not apply in his case, because he had not transferred his education benefits before he was identified for disability separation.  To grant relief in such cases would endorse the practice of waiting until it is likely one will be unable to complete a service commitment before committing to complete such service.  While a different rule does apply to members with 10 years of service, this applicant did not have 10 years of service.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2016-04336 in Executive Session on 3 May 18:

All members voted not to correct the record.  The panel considered the following:

	Exhibit A:  Application, DD Form 149, w/atchs, dated 26 Oct 16.
	Exhibit B:  Documentary evidence, including excerpts from official records.
	Exhibit C:  Advisory opinion, AFPC/DP3SA, dated 28 Aug 17.
	Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 15 Sep 17.
	Exhibit E:  Applicant’s response, dated 28 Sep 17.
Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.