RECORD OF PROCEEDINGS

IN THE MATTER OF:                                 DOCKET NUMBER: BC-2021-00870

XXXXXXXXXX                                             COUNSEL: NONE
	
                                                                           HEARINGREQUESTED: NOT INDICATED

APPLICANT’S REQUEST

1. She be allowed to transfer her Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to her dependent.

2. Separation Program Designator (SPD) code RBD (Vol. Retirement: Sufficient Service for Retirement) be changed to GCN (Force Shaping - Board Selected).

APPLICANT’S CONTENTIONS

She requests her SPD code be updated to allow her TEB transfer be reinstated.  She was selectively non-retained.  Her TEB was recently denied and she was unaware until her daughter attempted to use her benefits that were transferred in 2015.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 31 December 2016, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was relieved from active duty and retired under the authority of AFI 36-3203, Retirement: Sufficient Service for Retirement with the corresponding separation code of RBD and reentry code 2V.  The applicant served 21 years, 3 months and 18 days of active service for retirement. 

The Applicant provided documentation from the State of Arizona, Department of Emergency and Military Affairs, dated 9 March 2021, confirming that applicant retired in-lieu of receiving a denial of reenlistment or entrance into the Selective Retention Review Board (SRRB).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION

NGB/A1PP recommends granting the application.  The applicant provided documentation from the Arizona Air National Guard confirming that she retired in lieu of receiving a denial of reenlistment or entrance into the Selective Retention Review Board (SRRB).   Since the applicant did not enter the SRRB process - she did not receive an SPD code of GCN for individuals who are selectively non-retained.  As a result, she received the SPD code of RBD; she did not receive a waiver of the service commitment requirement to transfer her Post 9-11 benefits to her daughter.  According to the documentation provided, it was the intent of the applicant’s command to selectively non-retain her.  She was counseled in error to elect to retire instead of entering the process.

Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error in the counseling process that resulted in the applicant losing her benefits. The documents provided from the applicant’s Air National Guard unit support the claim that this was an error.  She should have met the selective retention board.  The applicant’s SPD code should be updated to GCN.

The complete advisory opinion is at Exhibit C.

NGB/A1Y recommends granting the application.  The applicant transferred her benefits to her child in 2015, and then retired from the Air National Guard on 31 December 2016.   The applicant provided documentation from the Arizona Air National Guard confirming she retired in lieu of receiving a denial of reenlistment or entrance into the Selective Retention Review Board (SRRB).  She did not enter the SRRB process and she did not receive a SPD code of GCN for individuals who are selectively non-retained. As a result, for not receiving a GCN code, her TEB end date could not be changed to coincide with the retirement date.  According to the documentation provided, it was the applicant’s leadership intent to selectively non-retain her.  She was counseled in error to select to retire instead of entering the SRRB process.

Based on the documentation provided by the applicant and analysis of the facts, if the board approves changing the separation code to GCN, there is enough evidence of an error in the counseling process that resulted in the applicant losing her TEB benefit.  The applicant should have met the selective retention board. Once the applicant’s SPD code is updated to GCN her TEB obligation end date will be adjusted to her separation date that will allow her to keep her benefits.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 14 May 2021 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 NGB/A1PP and NGB/A1Y and finds a preponderance of the evidence substantiates the applicant’s contentions.  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 that:

	a. Her DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her 31 December 2016, Retirement, Block 28, Narrative Reason for Separation, be amended to read “Force Shaping - Board Selected” with a corresponding separation code of “GCN.” 

	b. On 31 December 2016, she completed the required service commitment to transfer her Post-9/11 GI Bill Transfer of Educational Benefit to her eligible dependent as required by DODI 1341.13, Post-9/11 GI Bill.  

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-2021-00870 in Executive Session on 12 October 2021:

, 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 15 March 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, dated 14 April 2021.
Exhibit D: Advisory opinion, NGB/A1Y, dated 27 April 2021.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 14 May 2021. 

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.