UNITED STATES AIR FORCE
BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-05056

COUNSEL: NONE

HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

In October 2010, while deployed to Kuwait, he developed a series of medical conditions that required him to be placed on medical hold from 2011 until he was medically retired on 29 January 2015. He inquired on numerous occasions regarding the process to transfer his Post-9/11 GI Bill benefits while still on active duty; however, his request was denied because he could not reenlist to get the required retainability. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force senior airman. On 29 January 2015, he was relieved from active duty and permanently disability retired effective 30 January 2015. For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial. The applicant did not have an approved TEB request before he was approved for a medical separation. DoDI 1341.13, enclosure 3g, Failure to Complete Service Agreement, outlines waiving the balance of service commitment once a request is approved. Qualifying circumstances include death, pre-existing medical condition, discharge due to hardship, line of duty medical or mental conditions.   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 10 January 2018 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, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds that   a

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

preponderance of the evidence does not substantiate the applicant’s contentions. In particular, the applicant 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 at the time of their request to transfer benefits, this applicant did not have 10 years of service at the time of his request. 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-2016-05056 in Executive Session on 3 May 2018:

Panel Chair Panel Member
Panel Member
All members voted not to correct the record. The panel considered the following: Exhibit A:   Application, DD Form 149, w/atchs, dated 15 Dec 16.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C:   Advisory opinion, ARPC/DPTT, w/atchs, dated 1 Nov 17.
Exhibit D:   Notification of Advisory, SAF/MRBC to applicant, dated 10 Jan 2018.

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

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