RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00835

	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

His Service Obligation End Date (OED) he incurred to qualify for Post-9/11 GI Bill Transfer of Education Benefits (TEB) be changed to 4 Jun 16, the date he separated from service.

APPLICANT CONTENDS THAT:

On 10 Jul 15, he submitted his application for TEB; however, he recently discovered that it became invalid for failing to fulfill his Active Duty Service Commitment (ADSC).  He was under the impression that the additional service requirement only applied to enlisted service members, as his terms of service have always been “indefinite.”  In addition, he was never informed that he would lose his TEB and had he known, he would have delayed his retirement to fulfill his service obligation.  The applicant’s complete submission is at Exhibit A. 

STATEMENT OF FACTS:

According to NGB Form 22, Report of Separation and Record of Service, the applicant was discharged from the Air National Guard and transferred to the USAF Reserve Retired List, effective 4 Jun 16, with credit for 27 years, 11 months and 16 days of service for pay.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1Y recommends denying the application, indicating that the applicant did not fulfill his 4-year service obligation.  On 10 Jul 15, he signed a Statement of Understanding with an OED of 10 Jul 19 and while this date is incorrect, the Defense Manpower Data Center reflects the correct date of 14 Jun 19, which is only a month earlier.  Since the applicant voluntarily retired on 4 Jun 16 he did not fulfill the required service obligation.  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 29 Jan 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, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of NGB/A1Y and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

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-2017-00835 in Executive Session on 3 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, w/atchs, dated 23 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC 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.