RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-05120

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He retain his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) in the event he gains an approved active duty retirement date prior to his Mandatory Separation Date (MSD) in May 2020.

APPLICANT CONTENDS THAT:

He transferred benefits to his children in Nov 16 resulting in a service commitment until May 2020, his MSD.  Any retirement action prior to May 20 would result in loss of TEB to his children.

He believes he was given bad advice from his wing Education Office at the 446th Airlift Wing, Joint Base Lewis-McChord, Washington, regarding the service commitment requirement when transferring benefits.  In 2009, the only guidance he was provided is that he must transfer the benefit between establishing the benefit (27 Nov 09 – verified by Veterans Administration) and retirement.  At that time, he had no intention of retiring for another 5 years.  He received no counseling on service commitments.

In fall of 2016, he discovered there was a service commitment for TEB, and immediately transferred the benefits to his children, creating the service commitment to his MSD (May 2020).  He would like to retire 1 Jan 18.  Given his continued service since establishing the benefit in 2009, he should be allowed to retire on 1 Jan 18 while retaining the benefit transfer for his children, effectively curtaining 2 years, 5 months service commitment in the selected reserve.

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

STATEMENT OF FACTS:

On 30 May 90, the applicant initially entered the Regular Air Force.

On 9 Jul 99, the applicant was furnished an Honorable discharge, and credited with 9 years, 1 month, and 10 days active service.

On 10 Jul 99, the applicant was appointed as a Reserve of the Air Force in the grade of Captain.

On 15 Dec 14, the applicant was ordered to Extended Active Duty under Special Order No. AA-0068, dated 25 Nov 14.

On 20 Dec 16, the applicant signed an Air Force Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU), with a reserve component service commitment of 21 Nov 20.

On 6 Jan 18, the applicant was furnished an Honorable discharge, and credited with 20 years, 11 months, and 17 days, active service.

The applicant is currently serving in the Air Force Reserve.

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:

ARPC/DPTT recommends denial, indicating there is no evidence of error or injustice.

Post-9/11 GI Bill, Chapter 33, became effective 1 Aug 09, based on the Post-9/11 Veterans Education Assistance Act of 2008, as a result of Public Law No. 110-242 that was signed by the President on 30 Jun 08. Section 3319 (f) (1) states in part that “an individual may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed”.  Armed Forces is defined as active duty or Selected Reserve.  Also by law, the member incurs a Selected Reserve service commitment of up to four years for the opportunity to transfer benefits.  The opportunity to transfer unused Post 9/11 GI Bill benefits to dependents is a recruiting and retention tool and requires a four year commitment to be fulfilled in a Selected Reserve status.  As early as Jul 09, the Department of Defense had information on their web page explaining the transfer process, providing checklists, and applications.  Air Reserve Personnel Center (ARPC) also had complete information on the ARPC web page including how to contact ARPC for individual counseling.  Both ARPC and Air Force Reserve Command provided Notice to Airmen and checklists to the Air Reserve Command. Veterans Administration had an extensive web page that included not only information on eligibility but comparison tools with other GI Bill programs.

The applicant was eligible to transfer his Post 9/11 GI Bill benefits to his dependents as of 1 Aug 09 when the program was released. The applicant applied to transfer benefits on the Milconnect website on 22 Nov 16 giving him an obligation end date of 21 Nov 20.  The applicant signed his SOU with an obligation end date of 21 Nov 20.

We cannot waive additional service obligation to accommodate the applicant’s active duty retirement, as the member is not precluded from continuing to serve in the Selected Reserve to fulfil his service obligation.  The applicant is electing to retire.  In addition, there is no record of the applicant attempting to contact ARPC for education counseling or guidance.

A complete copy of the ARPC/DPTT 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 11 Dec 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2016-05120 in Executive Session on 13 Feb 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-05120 was considered:

	Exhibit A.  DD Form 149, dated 22 Dec 16, w/atch.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 1 Nov 17, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 11 Dec 17, w/atch.

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 regarding AFBCMR Docket Number BC-2016-05120, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.