RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00857

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

1.  Transfer of Education Benefits (TEB) to his dependents.

2.  His DD Form 214, Certificate of Release or Discharge from Active Duty, Item 28, Narrative Reason for Separation, be corrected from VOL RETIREMENT: SUFFICIENT SERVICE FOR RETIREMENT to a category which will allow TEB (administratively corrected).

APPLICANT’S CONTENTIONS

He was advised his TEB obligation had been waived after being twice passed over for promotion to lieutenant colonel (O-5), and prior to his mandatory separation being assessed.  In Dec 19, when his youngest son applied for TEB, he was denied the benefit. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Regular Air Force major (O-4).

On 18 Jun 20, a new DD Form 214 was prepared, correcting Item 28 to reflect MAXIMUM SERVICE OR TIME IN GRADE.

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 granting the applicant’s request for TEB.  Based on a recent change to Department of Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bill, there is evidence of an error or injustice on the part of the Air Force.  DoDI 1341.13, Change 1, 3.g.(2)(g), expanded the scope of Force Shaping to include members twice passed over for promotion; whereby, members separated due to Force Shaping retain transferred benefits.  Defense Manpower Data Center records show he applied for TEB on 4 Jan 12.  The application was approved on 7 Jan 12 with a 4-year service commitment to 3 Jan 16.  On 22 Apr 14, the applicant was informed he was not selected for promotion to Lt Col and assessed a mandatory date of separation.  The member separated on 31 Dec 14.

The complete advisory opinion 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 Jun 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 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.  DoDI 1341.13 expanded the scope of Force Shaping to include members twice passed over for promotion.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show he was approved for Transfer Education Benefits on 4 Jan 12, with a service obligation of 31 Dec 14.

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-2020-00857 in Executive Session on 15 Sep 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 22 Feb 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 30 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 13 Jun 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regrading AFBCMR Docket Number BC-2020-00857, as required by AFI 36-2603, paragraph 4.11.9.