RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01542

XXXX X. XXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His record be corrected to reflect his active duty service commitment (ADSC) was fulfilled or waived.

APPLICANT’S CONTENTIONS

After 21 years of service, he was passed over for promotion and given a mandatory retirement date of 31 Dec 13.  It was the convenience of the Air Force to retire him.  Had he not been retired by the Air Force, he would have chosen to fulfill his service commitment.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 2 Dec 10, the applicant signed the Transfer of Education Benefit (TEB) statement of understanding.

On 17 Jul 13, the applicant was notified of second non-selection for promotion to lieutenant colonel which established a mandatory retirement date of 31 Dec 13.

The applicant retired on 31 Dec 13.

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 application.  The applicant’s TEB request was approved on 3 Dec 10 and he incurred an ADSC date of 30 Nov 14.  On 17 Jul 13, he was notified that he was not selected for promotion and required, by law, to separate on the mandatory date.

Based on a change to the 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 applicants twice passed over for promotion.  Members separated due to force shaping retain transferred benefits.  

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 21 May 21 for comment    (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 that on 31 December 2013, he completed the required service commitment to transfer his Post-9/11 GI Bill Benefits to his eligible dependents 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-2021-01542 in Executive Session on 20 Jul 21:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 18 Mar 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 7 May 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 21 May 21.

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.