RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04369

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  His Service Obligation End Date (OED) he incurred to qualify for Post-9/11 GI Bill Transfer of Education Benefits (TEB) be changed to the date he separated from service, 30 Dec 16, so he can retain TEB.

APPLICANT’S CONTENTION.  In Oct 13, he transferred his TEB benefits to his dependent and reenlisted to meet the 4-year service obligation.  However, due to Force Shaping, the CY2016 Air National Guard (ANG) Selective Retention Review Board (SRRB) determined he would not be retained and through no fault of his own, he could not fulfill the service requirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant initially entered the ANG on 9 May 89.  On 
9 May 13, he reenlisted for 4 years and on 29 Jan 14, he extended his enlistment for a period of 6 months for the purpose of TEB.  On 16 Oct 13, the applicant submitted a TEB application and incurred a 4-year service obligation until 15 Oct 17.  On 9 Jul 16, the applicant was notified he was considered, but not selected for continued retention by the SSRB and would be separated effective 31 Dec 16.  On 30 Dec 16, the applicant retired after serving 27 years, 7 months and 22 days of active service.  The narrative reason for his discharge was “Selective Non-Retention, SPD: RBD.”  For more information, see the excerpt of the service member’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  NGB/A1Y recommends granting the application, indicating the applicant agreed to the 4-year service obligation, but was forced to retire by his commander due to Force Realignment and Management.  While the DoDI requires the 4-year service obligation, provisions are made for involuntary force shaping.  The ANG equivalent of, “involuntary force shaping” is the Selective Retention Program, which is a means of Force Realignment and Force Management.

On 16 Oct 13, the applicant submitted a TEB application and was approved.  He incurred an ADSC until 15 Oct 17.   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 5 Oct 17, for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

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.  The Board concurs with NGB/A1Y that relief is warranted; however, we are not convinced the applicant’s situation meets the definition of force shaping.  Therefore, rather than changing his OED, we recommend the applicant’s records be corrected by changing the date the applicant transferred his educational benefits to 1 Dec 12, which would result in no additional active service commitment based on DoD and AF policies in effect at that time.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 1 December 2012, he transferred his Post-9/11 GI Bill Educational Benefits to his dependents, thereby incurring no additional service commitment. 

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 AFBCMR Docket Number BC-2016-04369 in Executive Session on 15 Mar 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 25 Oct 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, NGB/A1Y, dated 19 May 17, w/atchs.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 05 Oct 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.