RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-03728

XXXXXXXXXXX	COUNSEL:  NONE

	HEARING:  NOT INDICATED

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was medically retired and did not have the retainability required to transfer his benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force staff sergeant.  On 18 Sep 15, the Military Personnel Data System (MilPDS) was updated to reflect an Assignment Availability Code (AAC) 37 (Medical Evaluation Board) restriction.  On 29 Sep 15, as documented on AF Form 356, Finding and Recommended Disposition of USAF Physical Evaluation Board, the Air Force Informal Physical Evaluation Board determined the applicant had medical conditions unfitting for military service.  On 28 May 16, the applicant was relieved from active duty and placed on permanent disability retirement, effective 29 May 16.  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.  The Defense Manpower Data Center (DMDC) records show the applicant applied for TEB on his date of separation, 28 May 16.  The application was rejected on 6 Jun 16 because he could not fulfill the four-year service commitment required for TEB approval.   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 4 Jun 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 thoroughly reviewing all Exhibits, the Board concludes that the applicant is the victim of an error and injustice.  While the Board notes the comments of AFPC/DP3SA, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  The applicant was precluded from committing to the four-year service obligation due to his AAC-37 restriction.  Moreover, the applicant had over ten years of service on the date he attempted to apply for TEB, and in accordance with DODI 1341.13, Enclosure 3, paragraph 3.a.(2), his eligibility would have been secured had he agreed to serve until the date he was medically retired.  Therefore, the Board recommends the applicant’s records be corrected 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 May 2012 he elected to transfer his Post-9/11 GI Bill Education Benefits to his eligible dependents; on 2 May 2012, he signed the required Statement of Understanding, accepting therewith a four-year service commitment; and his transfer was approved before the initiation of any subsequent limitations to his retainability.

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-2017-03728 in Executive Session on 13 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atch, dated 8 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 25 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 4 Jun 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.