RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-04722

XXXXXX	COUNSEL:  NONE

	HEARING:  YES

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

She requested TEB to her dependents in May 2016.  Due to medical emergency procedures, she was placed in an involuntary medical retirement.   Dealing with the pending retirement, she was unable to access her military e-mail account and was not able to respond to any correspondence received.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force technical sergeant.  On 29 Aug 16, she was retired for permanent disability.  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.  Defense Manpower Data Center records show the applicant applied for TEB on 27 May 16, but her application was rejected on 6 Jun 16 because she did not have the retainability required for TEB approval.  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 11 May 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, 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, Voluntary Education Program.  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), Enclosure 3, 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.

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 27 May 2016, she completed the required service commitment to transfer her Post-9/11 GI Bill education benefits to her eligible dependents, under Paragraph 3.a.(2), Enclosure 3, Department of Defense Instruction 1341.13, Post 9/11 GI Bill.

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-2017-04722 in Executive Session on 4 Oct 18:

	Panel Chair
	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 20 Oct 17.
	Exhibit B:  Documentary evidence, including relevant excerpts from official records.
	Exhibit C:  Advisory opinion, AFPC/DP3SA, w/atch, dated 23 Apr 18.
	Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 11 May 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.