RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02613 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be restored. APPLICANT CONTENDS THAT: The Air Force reduced his High Year of Tenure (HYT) by two years after he had already signed up for TEB. On 20 Sep 11, he was a Technical Sergeant (TSgt/E-6) with the full intention of remaining in the Air Force until his HYT of 22 years. Due to force shaping, his HYT was later reduced to 20 years, forcing him to retire before fulfilling his active duty service commitment (ADSC) for TEB. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 10 Sep 93. As the applicant served on active duty since 11 Sep 01, he was eligible for Post-9/11 benefits in his own right and, since he served on active duty on or after 1 Aug 09, could have transferred his educational benefits as early as 1 Aug 09 and incurred an active duty service commitment (ADSC) that would have expired on 31 Jul 13. On 20 Sep 11, the applicant signed the Post-9/11 GI Bill TEB Statement of Understanding (SOU) incurring an ADSC through 10 Sep 15, and was approved for TEB. On 1 Oct 13, the applicant retired due to high year tenure, and was credited with 20 years and 21 days of total active service. 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: AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. Due to Force Shaping, the HYT for TSgts was rolled back from 22 years to 20 years in Fiscal Year 2013. The applicant served in the grade of TSgt at the time, and was required to retire prior to his established TEB Obligation End Date of 10 Sep 15, rendering him ineligible for TEB. The Air Staff/OSD did not develop Personnel Service Delivery Memorandum (PSDM) guidance which would allow members affected by the HYT Rollback Program who were previously approved for TEB to retain their benefits. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: His spouse is half way through her Bachelor’s Degree in Business Administration, and she cannot proceed with her educational goals in the absence of TEB. If his request is denied, they will owe an enormous tuition bill of $53,000 to the Department of Veteran’s Affairs (DVA) through absolutely no fault of their own. They cannot possibly afford such an amount. This will undoubtedly cause them to lose their home. This was a forced retirement which caused the commitment to be altered. The recommendation for denial in the advisory appears to be based upon the simple lack of a provision for such a situation within the currently published DoD/Air Force guidance, rather than common sense. All that is needed is a “waiver” to change an ADSC date to restore TEB benefits (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 is the victim of injustice. While we note the comments of AFPC/DPSIT indicating relief should be denied because the Air Force did not develop guidance which would allow members affected by the HYT Rollback Program who were previously approved for TEB to retain their benefits, we believe a preponderance of the evidence substantiates that corrective action is warranted. After the Air Force offered and approved the applicant TEB benefits based upon his promise to fulfill the required ADSC, and after he committed a significant amount of money to education based upon the Air Force’s approval of his benefits, for the Air Force to then prevent him from completing his ADSC through no fault of his own, leaving him in significant financial debt, constitutes an injustice warranting relief. While there are no provisions in policy to waive the service commitment in this circumstance to allow the applicant’s dependents to utilize the transferred benefits, in view of the fact the applicant could have transferred his benefits as early as 1 Aug 09 and successfully served the requisite four-year service commitment before being forced to retire due to HYT on 1 Oct 13, we recommend the applicant’s records be corrected as indicated below. 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 RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 1 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits, incurring a four-year active duty service commitment (ADSC), expiring on 31 July 2013. The following members of the Board considered AFBCMR Docket Number BC-2014-02613 in Executive Session on 23 Mar 15 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02613 was considered: Exhibit A.  DD Form 149, dated 25 Jun 14. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIT, dated 22 Jul 14, w/atchs. Exhibit D.  Letter, SAF/MRBR, dated 27 Oct 14. Exhibit E.  Letter, Applicant, dated 3 Nov 14.