RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04983

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His Obligation End Date be adjusted from 23 Sep 18 to 31 May 16 for the Post-9/11 GI Bill Transfer of Education Benefits (TEB).

APPLICANT CONTENDS THAT:

In 2014, he reenlisted with the intention of completing his service obligation.  Shortly after reenlisting, he transferred his education benefits to his dependents.  However, in March of 2015, he was notified he was not being retained due to Force Management and had to retire by 1 Jun 16.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Mississippi Air National Guard (ANG) on 17 Mar 97.

On 1 Jun 16, the applicant retired from the Louisiana ANG.

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

AIR FORCE EVALUATION:

NGB/A1Y recommends granting the application, noting the applicant was unable to complete his service obligation due to his forced retirement under the Selective Retention Program.

The applicant transferred his education benefits to his dependents on 24 Sep 14, incurring a four-year service obligation, with an Obligation End Date (OED) of 23 Sep 18.  The applicant separated from Louisiana ANG on 31 May 16 and retired on 1 Jun 16.  The applicant’s NGB Form 22 reflects his retirement was voluntary, however, documentation he provided from his commander indicates he was selected for non-retention.

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 23 Mar 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 reviewing all Exhibits, the Board concludes the applicant has presented evidence of injustice sufficient to warrant partial relief.  While NGB/A1Y recommends granting the request to change the applicant’s Obligation End Date, legal counsel to the AFBCMR has conveyed that the Office of the Secretary of Defense (OSD) specifically excludes the Selective Retention Program from the definition of “involuntary force shaping.”  So, there is no way for the Board, as an entity of the Secretary of the Air Force, to waive the OED directly, since doing so would require waiving OSD policy.  Nonetheless, the Board agrees with the intent of NGB/A1Y, which is to provide relief.  Under AFI 36-2649, paragraph A9.18.1.4.3., if the applicant had transferred his benefit near the beginning of his final period of active duty, he would have owed one year of further service, which he served in any event.  Therefore, the preferred date for transfer of education benefits would be 1 March 2010, and the Board recommends correcting the applicant’s records 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 1 March 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents and on 28 February 2011 he completed the service obligation required by DODI 1341.13, Post-9/11 GI Bill.

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-2016-04983 in Executive Session on 31 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB, w/atch, dated 2 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 23 Mar 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.