RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05014 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her Post 9/11 GI Bill Transfer of Education Benefits (TEB) be reestablished based on the contract she signed in Jun 10 and the remaining Active Duty Service Commitment (ADSC) for the TEB be waived. APPLICANT CONTENDS THAT: Due to the Date of Separation (DOS) Rollback, the High Year of Tenure (HYT) for Technical Sergeants (TSgts) was changed from 22 years of service to 20 and she had to retire prior to completing her ADSC. In Jun 10, when she was approved for the Post 9/11 GI Bill TEB, she incurred a four-year ADSC of 24 Jun 14 (HYT for TSgt at 22 years); however, with the Rollback being changed to 20 years it made it impossible for her to complete her obligation. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 15 Feb 94. On 25 Jun 10, the applicant’s request for the TEB was approved and she incurred a 4-year ADSC of 24 Jun 14. The Personnel Service Delivery Memorandum (PDSM) 11-110, dated 19 Dec 11, Fiscal Year 2013 (FY13) HYT Adjustments, states the HYT for Technical Sergeants (TSgts) will change from 22 years to 20 years. The applicant was eligible for a 20-year Length of Service retirement, effective 14 Feb 14. On 1 Mar 14, the applicant was discharged from active duty with a reason for separation of voluntary retirement: maximum service or Time-in-Grade (TIG) in the grade of TSgt. She was credited with 20 years and 16 days of active service. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial; they note that the eligibility criteria and ADSC requirements are established for the TEB program based upon the date of the applicant's request in MilConnect, In Accordance With (IAW) AFI 36-2306, Voluntary Education Programs, Attachment 9, A9. l8.l.2.). At the time of the applicant's request, she could commit to a four year ADSC, and by signing the TEB Statement of Understanding (SOU) she entered into a contract with the Air Force, in exchange for the ability to transfer Post- 9/11 GI Bill benefits to her dependents. She agreed to four years of active duty service. The below guidance is established for cases where members cannot fulfill the service obligation that will prevent the member from having to repay the Department of Veterans Affairs (DVA) if benefits have been used and allows retention of the TEB benefit. IAW AFI 36-2306, Attachment 9, A9.18.8.5., a member may retain benefits in the event of: The death of the member; Discharge or release from active duty for a medical condition that pre-existed the service of the member and was not service connected; Discharge or release from active duty for hardship as determined by the Secretary of the Air Force; Discharge or release from active duty for a physical or mental condition not a disability and that did not result from the member's own willful misconduct, but did interfere with the performance of duty; IAW DoDI 1341.13, Enclosure 3, g. Failure to Complete the Service Agreement (3) the transferor is also considered to have completed his or her service agreement as a result of being discharged for a disability or reduction in force or force shaping. This case does not meet any of the criteria outlined in current guidance and regulations; therefore, the applicant will lose the TEB benefit. If the Board finds there was an injustice to the extent that the member applied and agreed in good faith to complete the TEB ADSC, but due to circumstances beyond their control became unable to fulfill the ADSC requirement, the Board may approve the applicant's request. The complete DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that when she applied for the TEB, she had the retainability needed under HYT rules. However, there was a HYT Rollback after her commitment was well in effect. Because she was not selected for promotion, under the Rollback, she is being forced to retire at her HYT of 1 Mar 14. She completed all but the remaining 2 months and 24 days of her four year ADSC. The memorandum lists why a member would be allotted to receive the benefit, of course in her case she did not fit the criteria. She is requesting the Board waive 2 months and 24 days so that her dependents can take advantage of this benefit. The applicant’s complete response is at Exhibit E. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant has been the victim of an injustice. While we note the comments of AFPC/DPSIT indicating that relief should be denied because the applicant’s records contain no documentation substantiating she met the current guidelines and regulations in effect at the time of her retirement; nonetheless, we believe corrective action is warranted. It appears the applicant had every intention of fulfilling her ADSC obligation; however, due to circumstances beyond her control, her HYT date was changed from 28 Feb 16 to 28 Feb 14. Consequently, she was unable to complete the entire ADSC. Therefore, in the interest of justice, we recommend her record be corrected to show that on 25 Jun 10 she elected to transfer her benefits and competent authority waived the remaining ADSC. Accordingly, we recommend the applicant’s records be corrected to the extent 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 25 Jun 10, she elected to transfer her Post-9/11 GI Bill Educational Benefits, her subsequent date of separation rollback and discharge was the result of force shaping, and she is considered to have completed her service agreement in accordance with Department of Defense Instruction 1341.14, Post-9/11 GI Bill. The following members of the Board considered AFBCMR Docket Number BC-2013-05014 in Executive Session on 10 Dec 14 and 22 Jan 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Oct 13, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 13 Dec 13. Exhibit D. Letter, SAF/MRBR, dated 13 Jan 14. Exhibit E. Letter, Applicant, dated 29 Jan 14. 1 2