RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04223

XXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

His tuition assistance (TA) waiver be approved and he be refunded $294.00.  

APPLICANT CONTENDS THAT:

He submitted a TA waiver with all required information.  His doctor told him he had to go to San Antonio, TX within a week for a medical temporary duty (TDY).  He provided TDY orders and a letter of support from his commander, which stated he was tasked for a short notice TDY that he had no prior knowledge of.  The reason given for denial of his waiver was that the TDY was not beyond his control.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former airman first class.  He was discharged for disability with severance pay (DWSP) on 28 Jan 18.  

AF Form 1227, Authority for Tuition Assistance – Education Services Program, dated 23 May 17 shows he was approved for TA and the government cost was $294.00

He provides copies of TDY orders and voucher settlement which shows he was TDY to San Antonio, TX from 25 Jun to 1 Jul 17.  

On 10 Jul 17, the applicant requested withdrawal from POSC 2103, Intro to United States Government, for which he received TA.  

He provides a letter from his commander dated 14 Aug 17, which states the applicant was sent on a short notice TDY from 25 Jun to 1 Jul 17.  He had no prior knowledge of the TDY and as a result missed his mid-term examination and was not allowed to retake the examination.  This drove him to withdraw from the class. For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP1SSB recommends denial.  All service members are aware of the eligibility requirements for TA and are required to have annual training on the use of TA.  In accordance with AFI 36-2649, Air Force Voluntary Education Program, all waiver/reimbursement decisions are based on the documentation provided and all decisions are final.

The applicant did not show events were beyond his control and that he made every effort to work with the institution and education center prior to requesting a waiver.  The applicant noted that his doctor advised he would have to go to Lackland AFB, TX within the next week and this caused him to miss a mid-term examination.  However, he did not provide documentation from the appointment with the doctor.  Additionally, he was enrolled in another course during this time and managed to complete that course satisfactorily.    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 2 Aug 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 or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP1SSB 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.

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.

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-2017-04223 in Executive Session on 18 Sep 18:

 , Chair
 , Panel Member
 , Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP1SSB, w/atchs, dated 9 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Aug 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.