RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02330

NICHOLAS S. PELHAN	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was not afforded the opportunity to apply for TEB and was not able to obtain the required retainability due to his pending medical retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force senior master sergeant.  On 18 Dec 14, the Military Personnel Data System (MilPDS) was updated to reflect an Assignment Availability Code (AAC) 37 (Medical Evaluation Board (MEB) restriction).  On 28 May 15, the applicant was relieved from active duty and permanently disability retired, effective 29 May 15.  He was credited with 21 years and 23 days of active service.  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.  There is no record in the Defense Manpower Data Center (DMDC) the applicant applied for TEB.  The applicant is ineligible to transfer his benefits because he could not secure the required retainability due to an AAC 37 restriction.  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 12 Mar 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 the victim of an error and 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 provision cited by AFPC/DP3SA refers to the generic retainability requirement in AFI 36-2649.  This provision, however, must be read alongside another paragraph of the AFI, which states as follows:  “A13.18.1.1.2. Has at least 10 years of service in the Armed Forces … on the date of application, is precluded by … policy or statute from committing to 4 additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute.”  (Note that this provision uses the same language as paragraph 3.a.(2) of DODI 1341.13, Post-9/11 GI Bill.)  The effect of this paragraph is the elimination of the retainability requirement for members who have at least 10 years of service, who are subject to early, involuntary separation due to policy or statute, and who agree (or would have agreed) to serve the maximum time allowed.  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 Transfer of Educational Benefits was approved effective 27 May 2015 with no service obligation required.

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-2017-02330 in Executive Session on 10 May 18:

Ms. Marcia J. Bachman, Panel Chair 
Ms. Gail P. Forest, Panel Member
Mr. William L. Troy, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Apr 17.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 6 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Mar 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.