RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04926

XXXXXXXXXXXXXX	COUNSEL: NONE	 

 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Post-9/11 GI Bill transfer of education benefit (TEB) be reinstated.  

APPLICANT’S CONTENTIONS

Sometime after his retirement in 2016, his TEB was rescinded and he received no official notification.  

He submitted an active duty service commitment (ADSC) waiver for five months to retire.  The Air Force approved a waiver of 0.8 percent of his ADSC for “Best Interest of the Air Force” and denied 100 percent of the TEB.  The statement was made on his waiver that he “may lose TEB eligibility.”  He later found out that on approval of his ADSC waiver, his TEB was immediately forfeited.  Had the Air Force been transparent, he would have delayed his retirement to coincide with his ADSC.  This is a severe injustice.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5). 

On 16 Jan 13, the applicant signed the Post 9/11 GI Bill TEB Statement of Understanding (SOU).  He indicated he understood he would incur a four-year service obligation and ADSC for TEB in accordance with 38 U.S.C, Chapter 33 and AFI 36-2107, Active Duty Service Commitments.  

On 12 Feb 16, he submitted his voluntary retirement request with a retirement date of 1 Feb 17.  

On 22 Mar 16, the applicant requested a five month ADSC Waiver with a retirement date of 1 Sep 16, instead of 1 Feb 17.  He stated he understood that if the Air Force approved the waiver, it may result in forfeiture of the TEB.  

On 4 Apr 16, the applicant signed DD Form 2648, Preseparation Counseling Checklist, and annotated he did not desire any additional counseling regarding Education/Training programs.  

On 6 Apr 16, the applicant requested a change of his retirement date from 1 Feb 17 to 1 Sep 16, with reason listed as “Best Interest of the Air Force.”   He stated his replacement would be in place on 1 Jun 16 and they would have 3 weeks turnover prior to the start of his terminal leave.  The applicant’s request was approved and he retired on 1 Sep 16.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

DODI 1341.13, Post-9/11 GI Bill, Enclosure 3, Paragraph 3, states: Any service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she has at least 10 years of service in the Military Services (active duty or Selected Reserve) on the date of approval, is precluded by either standard policy (Service or DOD) statute from committing to four additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.

AIR FORCE EVALUATION

AFPC/DP3SA recommends denial.  There is no error or injustice.  He retired with a “Best Interest of the Air Force” waiver.  In accordance with DODI 1341.13, Enclosure 3, and AFI 36-2649, Voluntary Education Program, only an approved hardship waiver as determined by the Secretary of the Air Force allows retention of transferred benefits.  The complete advisory opinion, with attachments, is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 13 Jan 20 for comment (Exhibit D), 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 not 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 does not substantiate the applicant’s contentions.  While the applicant contends the Air Force waived only 0.8 percent of his ADSC but rescinded 100 percent of the TEB, there are no provisions to allow for partial approval of TEB for partial completion of the required service obligation.   Further, the evidence shows the applicant was properly made aware of the forfeiture of his GI Bill TEB in requesting the ADSC waiver and he has provided no evidence to show he was counseled otherwise. Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04926 in Executive Session on 17 Mar 20:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Oct 19.  
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 16 Dec 19.  
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 13 Jan 20.  

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.