RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04783

XXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO
	
APPLICANT’S REQUEST

His records be corrected to show that he met the active duty service commitment (ADSC) requirement for Transfer of Eligibility (TEB) for Post 9-11 GI Bill to his dependents.

APPLICANT’S CONTENTIONS

On 22 Oct 10, he signed the TEB Statement of Understanding acknowledging his responsibility to obtain the required retainability to fulfill the additional one-year service obligation; however, when he submitted his reenlistment paperwork to his commander in 2011, he was denied reenlistment and forced to retire due to the FY11 DOS Rollback programs.  Force Shaping/Management programs and Rollback program Personnel Services Delivery Memorandum (PSDM) guidance states involuntary separation will not impact his GI Bill benefits.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7). 

On 25 Oct 10 the applicant signed the Post 9-11 GI Bill TEB Statement of Understanding, acknowledging a 1 year ADSC for TEB.  

Defense Manpower Data Center records (BEAST report) show the applicant applied for TEB on 31 January 11.  On 2 Feb 11, it was approved with an ADSC of 30 Jan 12.

Per AF IMT 418, Selective Reenlistment Program Consideration, dated 1 Mar 11, the applicant was non-recommended for reenlistment and requested retirement under the FY11 Enlisted DOS Rollback Program with a mandatory retirement date of 1 Jun 11.

Per the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 1 Jun 11 retirement, his narrative reason for separation is “Vol Retirement:  Sufficient Service for Retirement.”  He was credited with 21 years, 5 months and 3 days of active service.

Per Department of Veterans Affairs letter dated 26 Jul 19 (included with the applicant’s DD Form 149) , the applicant’s daughter was notified that her claim for education benefits under the Post 9-11 GI Bill benefits were denied because the applicant did not meet the Transfer of Entitlement eligibility date.

For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICABLE AUTHORITY

Personnel Services Delivery Memorandum (PSDM) 11-11, FY11 Enlisted DOS Rollback Program, dated 1 Feb 11, provided guidance for the enlisted DOS Rollback Program.  In the PSDM, under the “General Guidance” section it states, “In addition, members who transferred benefits to dependents and complete their Post-9/11 GI Bill ADSC prior to separation will retain their transfer/not face recoupment.  However, members who do NOT complete their Post-9/11 GI Bill ADSC prior to separation may be impacted.  For full details, members should read the ―FY11 Enlisted DOS Rollback and Post-9/11 GI Bill Transfer of Benefits FAQ in the FY11 Force Management Programs section of AFPC’s website…”

AIR FORCE EVALUATION

On 25 Nov 19 AFPC/DP3SA recommends granting the application citing Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bill, 13 May 13, specifically Enclosure 3, 3.g.(3), the TEB service obligation is considered complete if member is discharged as a result of Force Shaping. 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the Air Force evaluation, dated 25 Nov 19, to the applicant on 5 Dec 19 for comment (Exhibit D), but has received no response.  

ADDITONAL AIR FORCE EVALUATION 

In addition, AFPC/DP3SA provided an updated advisory, dated 22 Jul 20, recommending granting the application, but used an updated reference of DoDI 1341.13, Incorporating Change 1, Post-9/11 GI Bill, 12 Jul 18, Enclosure 3, 3.g.(2)(f), the TEB service obligation is considered complete if member is discharged as a result of Force Shaping.

The complete additional advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF ADDITONAL AIR FORCE EVALUATION

The Board sent a copy of the updated Air Force evaluation, dated 22 Jun 20, to the applicant on 23 Jun 20 for comment (Exhibit F), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SA and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 1 June 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents, generating an active duty service commitment of one year, with a 31 May 2011 expiration date.

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-2019-04783 in Executive Session on 15 Jul 20:

, 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 23 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3A, dated 25 Nov 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 5 Dec 19.
Exhibit E:	Advisory opinion, AFPC/DP3A, dated 22 Jun 20.
Exhibit F:	Notification of advisory, SAF/MRBC to applicant, dated 22 Jun 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2019-04783, as required by AFI 36-2603, paragraph 4.11.9.