RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01725

XXXXXXXXXXXXX	COUNSEL: NONE
	 
  	HEARING REQUESTED: NO	 

APPLICANT’S REQUEST

His effective date for transfer of his Post-9/11 GI Bill benefit to his dependents be retroactively back dated to 19 Dec 19.  

APPLICANT’S CONTENTIONS

He requested transfer of education benefits (TEB), but the benefits were reversed due to failure to complete a four year term of service.  He submitted an Inactive Ready Reserve (IRR) application.  However, prior to out-processing, he secured a new unit of assignment and requested his IRR package be deleted so there would be no break in service.  He requests his TEB effective date be retroactively backdated so he may continue to satisfy the four year requirement for TEB.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve master sergeant (E-7).

Per Special Order dated 9 May 18, the applicant entered a period of active duty in the Active Guard Reserve (AGR) effective 11 Jun 18.  The orders stated he would be relieved from extended active (EAD) upon completion of assigned duty, unless otherwise his tour was extended.    

AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU), signed on 23 Jan 20, in his automated records management system (ARMS), reflects the applicant requested TEB and acknowledged he would incur a service obligation of four years.  

The applicant’s ARMS record includes DD Form 214, Certificate of Release or Discharge from Active Duty, showing he performed a period of active duty from 16 Jan 18 to 16 Apr 21.   There is also a DD Form 214, issued 15 Apr 18, with overlapping period of service from 16 Jan 18 to 15 Apr 18.  

On 12 Dec 21, the applicant signed AF Form 1288, Application for Ready Reserve Assignment.  It shows his effective date of change of strength accountability (EDCSA) as 15 Mar 22.  

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

AIR FORCE EVALUATION

ARPC/DPAT recommends denial.  The applicant separated from the AGR on 30 Jun 21 to the Traditional Reserves (TR) until acceptance into his new unit, effective 15 Mar 22, hence a break in service precluded him from fulfilling his four year military service obligation (MSO) date of 18 Dec 23.

In accordance with DODI 1341.13, Post-9/11 GI Bill, Enclosure 3, Members must be eligible to be retained for four years from the date of election and not be precluded, prior to approval by either standard policy or statute.  Does not include other members of the Ready Reserve (such as the Individual Reserve, standby Reserve, or retired service members, unless they are serving on active duty).  

On 14 May 20, the applicant submitted a MyPers incident inquiring an update of his date of separation (DOS).  On 21 May 20, he was advised his orders could not be extended due to him not having career status and that he would be released on his DOS of 7 Sep 21, if he did not have a following tour in accordance with AFI 36-2110, Total Force Assignments.  On 31 Jul 20, the applicant requested AGR Management to assist with the correction of his extension options for AGR Continuation and was advised he now had the option to extend up to two years; however, he still would not have fulfilled his MSO.  On 9 Jun 21, he responded back to AGR Management he intended to remain as a TR with his unit until Dec 21 while seeking another position.  On 12 Jun 21, he inquired on the correction of his DD Form 214, with a DOS of 16 Apr 21.  

The applicant submitted an AGR Pre-Separation Order Worksheet on 27 Jun 21, indicating terminal leave starting on 21 Jun 21.  On 3 Aug 21, he requested assistance in completing his AF Form 100, Request and Authorization for Separation, for pick-up of household goods and travel for his family.  In the remarks, it stated he separated from AGR and transferred to TR effective 30 Jun 21. The first assigned position noted in MyPers for the applicant was on 6 Apr 22, for the Individual Reserves (IR) program as an individual mobilization augmentee (IMA).  The date to his unit is noted as 15 Mar 22, reflecting the break in service.  

The Benefits for Education Administrative Services Tool (BEAST) indicates the applicant while on AGR orders elected TEB to his dependents on 19 Dec 19, incurring a MSO expiring on 18 Dec 23.  In ARMS, the SOU shows the applicant signed a SOU on 23 Jan 20 for TEB with an expiration term of service date of 7 Sep 25.  

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 9 Aug 22 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 ARPC/DPAT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  While the applicant contends he secured a new unit of assignment prior to the ending of his AGR tour with no break in service, the evidence shows his AGR tour ended on 16 Jun 21 and his EDSCA with his new unit is 15 Mar 22.  Accordingly, the applicant incurred a break in service and was unable to complete the four year service obligation for TEB.  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-2022-01725 in Executive Session on 16 Sep 22:
 
, 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 27 Apr 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPAT, w/atchs, dated 26 Jul 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 9 Aug 22.
 
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.