RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04880
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
He be refunded the finances deducted from his separation pay due to his use of Air Force Tuition Assistance (TA).
________________________________________________________________
APPLICANT CONTENDS THAT:
He should not be penalized for being involuntarily discharged. When he used TA funding to complete his Masters Degree in an attempt to improve his Air Force record, he did not know he was going to be separated. However, although he was willing to serve the commitment associated with utilizing TA, he was involuntarily separated due to being twice passed over for promotion. He accepted separation pay associated with his discharge.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 19 Jun 02.
On 30 Sep 13, the applicant was furnished an Honorable discharge, and was credited with 12 years, 2 months, and 21 days of total active service, after being twice non-selected for promotion to the grade of major.
The remaining relevant facts pertaining to this application, extracted from the applicants military records, are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
DFAS-IN recommends denial indicating there is no evidence of an error or an injustice. The applicant used the TA funding to complete his Masters Degree. TA is intended to pay for schooling that will be of use during a members active service. Therefore, the responsibility for the expense of the applicants Masters Degree should be borne by the applicant if he uses TA funding and then does not remain in the military. The deduction of the TA funding from his separation pay was proper.
A complete copy of the DFAS-IN evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20 May 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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THE BOARD CONCLUDES THAT:
1. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. To request the remission of debt associated with Tuition Assistance, there is an available avenue of administrative relief the applicant has not first pursued. The applicant should have applied to the Air Force Remission Board, The Air Force Review Boards Agency, prior to applying to the BCMR. In view of this, we find this application is not ripe for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, we find no compelling basis to recommend granting the relief sought in this application.
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THE BOARD DETERMINES THAT:
The applicant be notified that he has not exhausted all available avenues of administrative relief prior to submitting his application to the BCMR; and the application will only be reconsidered upon exhausting all subordinate avenues of administrative relief.
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The following members of the Board considered AFBCMR Docket Number BC-2013-04880 in Executive Session on 21 Aug 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-IN, undated.
Exhibit D. Letter, SAF/MRBR, dated 20 May 14.
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