RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2018-01227

DAVID D. NYGAARD	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 education benefits (TEB) to his dependent.

APPLICANT CONTENDS THAT:

He was medically retired involuntarily and wants the Air Force to waive the 4-year retainability to allow TEB  to his spouse.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired technical sergeant who served in the Regular Air Force from 9 Mar 04 to 27 Apr 18.  On 28 Apr 18, the applicant was retired for permanent disability, with a compensable percentage of 50 percent.  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 (DMDC) records show the applicant applied for TEB on 2 Jan 18.  The application was rejected on 5 Feb 18 because the applicant could not secure retainability due to his Assignment Availability Code 37/Medical Evaluation Board (MEB).  To be approved, members must meet all eligibility requirements in accordance with AFI 36-2649, Voluntary Education Program.  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), 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 the applicant is the victim of an error and injustice.  While the Board notes the comments of AFPC/DP3SA indicating relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  In particular, the Board notes the following eligibility provision of AFI 36-2649:  “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, like the applicant, have at least 10 years of service at the time they request TEB, 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.

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 26 April 2018, he transferred his Post-9/11 GI Bill education benefits to his dependents, and on 28 April 2018, he satisfied his service commitment via AFI 36-2649, paragraph A13.18.1.1.2.

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-2018-01227 in Executive Session on 30 Aug 18:

Ms. Marcia J. Bachman, Panel Chair 
Mr. Ricky E. Bennett, Panel Member
Ms. Sara V. Keller, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Mar 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 15 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 26 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.