RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02549

XXXXXXXXXX	COUNSEL: NONE 

HEARING: YES

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was informed that he could transfer his benefits once he received his final rating from the Medical Evaluation Board (MEB). The Air Force Instruction (AFI) changed while he was going through the MEB process; however, he was never informed until he received his final rating and retirement date.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired staff sergeant. His Total Active Federal Military Service Date (TAFMSD) is 17 Feb 04. On 27 Jun 16, the applicant was retired with narrative reason for separation of Disability Permanent (Enhanced) and was credited with 12 years, 4 months and    11 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. The member was ineligible to transfer benefits because he could not acquire the required retainability due to an AAC restriction. In addition, the Defense Manpower Data Center (DMDC) records reflect the applicant applied for TEB on 14 Jan 14 and 21 Feb 14, respectively, after his AAC was updated. 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 24 Oct 17 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 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 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.

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 pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 21 February 2014, he transferred his education benefits under the Post- 911 GI Bill to his dependents; that he incurred a four-year service commitment and agreed to serve the maximum amount of time allowed; and that his service commitment was considered satisfied on his 27 June 2016 retirement, with nor further time owed.

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-017-02549 in Executive Session on 31 May 18:

Panel Chair M
Panel Member
Panel Member
All members voted to correct the record. The panel considered the following: Exhibit A: Application, DD Form 149, w/atchs, dated 16 May 17.
Exhibit B: Documentary evidence, including excerpts from official records.

Exhibit C: Advisory opinion, AFPC/DP3SA, dated 28 Aug 17.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 24 Oct 17

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.