RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-05174

	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His Obligation End Date (OED) be corrected to reflect 1 Oct 15 for the Post-9/11 GI Bill Transfer of Education Benefits (TEB).  

APPLICANT CONTENDS THAT:

He applied for TEB on 20 Mar 14, and his request was approved on 20 Jul 14.  However, through no fault of his own, in 2015, he was mandatorily retired without a waiver, which made his OED unachievable.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Reserve master sergeant with credit for over 20 years active service and 11 additional years inactive service.  According to a Defense Manpower Data Center (DMDC) letter dated 14 Nov 17, provided by the applicant, his OED was 1 Nov 16.  In addition, the letter states, “it is imperative that you remain in the Armed Forces until your OED.  Should you fail to complete your service obligation, any transferred entitlement used as of the date of such failure shall be treated as an overpayment of educational benefits and shall be subject to collection by the Department of Veterans Affairs (DVA).”  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTT recommends denying the application.  The applicant was eligible to transfer his Post 9/11-GI Bill benefits to his dependents at the program’s release on 1 Aug 09.  The applicant applied to transfer his benefits on 20 Mar 14, and his request was approved on 10 Jul 14.  The applicant’s high year of tenure date (HYT) was 1 Nov 16.  On 10 Jul 14, the Air Reserve Personnel Center (ARPC) adjusted the applicant’s service obligation for TEB to meet his HYT date and notified him the same day, by phone and in writing via the applicant’s MyPers.  At that time, the applicant advised ARPC that he would be entering the Selected Reserve, once his active tour ended, to complete the remainder of his service obligation as a Traditional Reservist. ARPC also made the applicant aware that his TEB request would be rejected should he have a break in service or retire. The applicant elected to retire on 1 Oct 15, over a year before he met his TEB service obligation. He received credit for 31 years 11 months and 11 days of total service.

The complete advisory is at Exhibit C.

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 ARPC/DPTT 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-2017-05174 in Executive Session on 21 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atch, dated 24 Nov 17.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atchs, dated 19 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 22 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.