RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04681

REBECCA SUTHERLAND	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

She be allowed to transfer her Post-9/11 GI Bill education benefits (TEB) to her dependent.  

APPLICANT CONTENDS THAT:

She will be unable to use her education benefits for herself due to her ongoing medical issues and condition.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force major.  On 28 Apr 17, the Military Personnel Data System (MilPDS) was updated to reflect an Assignment Availability Code (AAC) 37 (Medical Evaluation Board (MEB) restriction).  On 29 Jul 17, the applicant was permanently disability retired.  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.  On 17 Jun 13 and 31 Jul 13, Defense Manpower Data Center (DMDC) records reflect the applicant applied for TEB via milConnect but the applications were rejected because she failed to sign the Statement of Understanding (SOU).  On 5 Dec 13, an email audit was sent to the applicant stating her application was not approved. On 7 Nov 16 and 9 Dec 16, the applicant again applied for TEB but the applications were rejected because she could not secure the required retainability due to the 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 27 Nov 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 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 Board notes AFI 36-2649, 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.  Moreover, the Board notes that the applicant would have incurred a four-year service commitment from the date of her first attempted TEB and that she did, in fact, serve out the four years.  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 17 June 2013, that the applicant thereby incurred and agreed to a four-year service commitment, and that such service commitment was completed before her 29 July 2017 disability retirement.

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-2016-04681 in Executive Session on 17 May 18:

Mr. Laurence M. Groner, Panel Chair 
Ms. Mercedes C. Fitchett, Panel Member
Mr. Richard K. Hartley, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Nov 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 26 Oct 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 27 Nov 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.