RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00427

	COUNSEL:  NONE

	HEARING:  NO

APPLICANT’S REQUEST.  He be allowed to accomplish a Post-9/11 GI Bill transfer of education benefits (TEB) to his dependents.

APPLICANT’S CONTENTION.  He was unable to secure retainability for TEB because he was undergoing a Medical Evaluation Board (MEB).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant initially entered the Regular Air Force on 15 Sep 09.
On 7 Dec 15, the applicant’s Primary Air Force Specialty Code was removed due to a Personnel Reliability Program (PRP) rescreening.  On 10 Jun 16, the applicant underwent a MEB for anxiety and depression, and his case was referred to an Informal Physical Evaluation Board (IPEB).  On 28 Jul 16, the IPEB confirmed the applicant’s diagnosis of Traumatic Brain Injury and recommended the applicant be placed on the Temporary Disability Retired List (TDRL) with a 60 percent disability rating.  On 2 Aug 16, the Secretary of the Air Force directed the applicant be placed on the TDRL under the provisions of Title 10 United States Code (USC), section 1202.  On 23 Oct 16, the applicant was relieved from active duty and on 24 Oct 16, he was placed on the TDRL in the grade of staff sergeant with a compensable percentage for physical disability of 60 percent.  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 applicant did not meet all the requirements to obtain retainability for TEB approval.  Per AFI 36-2649, Voluntary Education Program, service members must meet all eligibility requirements for TEB approval.  On 9 May 16, the applicant applied for TEB and on 9 Jun 16, his application was rejected due to his being unable to secure a four-year service commitment 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 28 Dec 17 for comment (Exhibit D), and the applicant replied on 1 Jan 18.  In his response, the applicant contended the advisory opinion did not accurately reflect his enlistment and retirement dates.  He was led to believe that he would have the option to retrain and continue his serve in the Air Force.  He was not allowed enough time to get his affairs in order.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES:

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 injustice.  While the Board notes the comments of AFPC/DP3SA indicating that relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  The Board notes the IPEB attributed the applicant’s Traumatic Brain Injury to a 2014 concussion.  Thus, by the time the applicant had attained eligibility for TEB on or about 14 Sep 15, he was already suffering from the condition that would ultimately end his military career.  While the usual information on TEB would have been available to him at that time, the Board finds it more likely than not that this applicant was effectively unable to avail himself of the standard sources of such information.  The record reflects an applicant who was eager to re-enlist, and so the Board is not in doubt as to his willingness to commit to the four-year period required for TEB eligibility.  Had his TEB agreement been active at the time the AAC-37 initiated, his eligibility would have been secure under DODI 1341.13, paragraph E3.g.(3).  Therefore, the Board recommends correcting the applicant’s records 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 October 2015, he elected to transfer his Post-9/11 GI Bill education benefits to his eligible dependents; on 2 October 2015, 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 AFBCMR Docket Number BC-2017-00427 in Executive Session on 1 May 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 8 Dec 16, w/atch.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP3SA, dated 30 Nov 17.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 29 Jan 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.