RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2018-01207

XXXXXXXX	COUNSEL:  NONE

	HEARING:  YES

APPLICANT REQUESTS THAT:

His eligibility to transfer his Post-9/11 GI Bill education benefits to his dependent be reinstated.

APPLICANT CONTENDS THAT:

His approved voluntary retirement date of 1 Feb 17 was curtailed to 1 Dec 16, due to his having been twice passed over for promotion to lieutenant colonel.  This, in turn, rendered him ineligible to transfer his education benefits (TEB) because he was no longer able to satisfy the service commitment.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force major who served from 31 May 95 to 30 Nov 16.  On 11 Jan 13, the applicant completed the Post 9/11 GI Bill Transfer of Educational Benefits Statement of Understanding.  On 9 Jun 15, the applicant was notified by letter that he was not selected for promotion to lieutenant colonel.  Department of Defense Instruction (DODI) 1341.13, Post-9/11 GI Bill, at Enclosure 3, Paragraph 3.g.(2)(g), provides that a service member will be considered to have completed his or her previously approved TEB-related service agreement upon honorable discharge after twice failing to be selected for promotion as a commissioned officer.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denying the application.  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 26 Jun 18 for comment (Exhibit D), and the applicant replied on 27 Jun 18.  His complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, the Board concludes that the applicant is the victim of an injustice.  While the Board notes the comments of AFPC/DP3SA, the Board also notes the applicant was precluded from serving his original service commitment because he was twice passed over for promotion to lieutenant colonel.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown that a personal appearance with or without counsel would 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 the Obligation End Date for the transfer of his Post-9/11 GI Bill education benefits to his dependents shall be 30 November 2016.

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-2018-01207 in Executive Session on 27 Sep 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 25 Feb 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 14 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Jun 18.
Exhibit E:	Applicant’s response, dated 27 Jun 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.