RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05014
		COUNSEL:  NONE
		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

Her Post 9/11 GI Bill Transfer of Education Benefits (TEB) be 
reestablished based on the contract she signed in Jun 10 and the 
remaining Active Duty Service Commitment (ADSC) for the TEB be 
waived.


APPLICANT CONTENDS THAT:

Due to the Date of Separation (DOS) Rollback, the High Year of 
Tenure (HYT) for Technical Sergeants (TSgts) was changed from 
22 years of service to 20 and she had to retire prior to 
completing her ADSC.  

In Jun 10, when she was approved for the Post 9/11 GI Bill TEB, 
she incurred a four-year ADSC of 24 Jun 14 (HYT for TSgt at 
22 years); however, with the Rollback being changed to 20 years it 
made it impossible for her to complete her obligation.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Feb 
94.  

On 25 Jun 10, the applicant’s request for the TEB was approved and 
she incurred a 4-year ADSC of 24 Jun 14.  

The Personnel Service Delivery Memorandum (PDSM) 11-110, dated 
19 Dec 11, Fiscal Year 2013 (FY13) HYT Adjustments, states the HYT 
for Technical Sergeants (TSgts) will change from 22 years to 
20 years.

The applicant was eligible for a 20-year Length of Service 
retirement, effective 14 Feb 14.

On 1 Mar 14, the applicant was discharged from active duty with a 
reason for separation of voluntary retirement:  maximum service or 
Time-in-Grade (TIG) in the grade of TSgt.  She was credited with 
20 years and 16 days of active service.


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial; they note that the eligibility 
criteria and ADSC requirements are established for the TEB program 
based upon the date of the applicant's request in MilConnect, In 
Accordance With (IAW) AFI 36-2306, Voluntary Education Programs, 
Attachment 9, A9. l8.l.2.).  At the time of the applicant's 
request, she could commit to a four year ADSC, and by signing the 
TEB Statement of Understanding (SOU) she entered into a contract 
with the Air Force, in exchange for the ability to transfer Post-
9/11 GI Bill benefits to her dependents.  She agreed to four years 
of active duty service.  The below guidance is established for 
cases where members cannot fulfill the service obligation that 
will prevent the member from having to repay the Department of 
Veterans Affairs (DVA) if benefits have been used and allows 
retention of the TEB benefit.

IAW AFI 36-2306, Attachment 9, A9.18.8.5., a member may retain 
benefits in the event of:

      The death of the member;
      
      Discharge or release from active duty for a medical condition 
that pre-existed the service of the member and was not service 
connected;
	
      Discharge or release from active duty for hardship as 
determined by the Secretary of the Air Force; 
      
      Discharge or release from active duty for a physical or 
mental condition not a disability and that did not result from the 
member's own willful misconduct, but did interfere with the 
performance of duty;

IAW DoDI 1341.13, Enclosure 3, g. Failure to Complete the Service 
Agreement (3) the transferor is also considered to have completed 
his or her service agreement as a result of being discharged for a 
disability or reduction in force or force shaping.

This case does not meet any of the criteria outlined in current 
guidance and regulations; therefore, the applicant will lose the 
TEB benefit.  If the Board finds there was an injustice to the 
extent that the member applied and agreed in good faith to 
complete the TEB ADSC, but due to circumstances beyond their 
control became unable to fulfill the ADSC requirement, the Board 
may approve the applicant's request. 

The complete DPSIT evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that when she applied for the TEB, she 
had the retainability needed under HYT rules.  However, there 
was a HYT Rollback after her commitment was well in effect.  

Because she was not selected for promotion, under the 
Rollback, she is being forced to retire at her HYT of 1 Mar 
14.  She completed all but the remaining 2 months and 24 days 
of her four year ADSC.

The memorandum lists why a member would be allotted to 
receive the benefit, of course in her case she did not fit 
the criteria.  

She is requesting the Board waive 2 months and 24 days so that 
her dependents can take advantage of this benefit.

The applicant’s complete response is at Exhibit E.


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing 
law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate 
the existence of an injustice.  After a thorough review of the 
evidence of record and the applicant’s complete submission, we 
believe the applicant has been the victim of an injustice.  While 
we note the comments of AFPC/DPSIT indicating that relief should 
be denied because the applicant’s records contain no documentation 
substantiating she met the current guidelines and regulations in 
effect at the time of her retirement; nonetheless, we believe 
corrective action is warranted.  It appears the applicant had 
every intention of fulfilling her ADSC obligation; however, due to 
circumstances beyond her control, her HYT date was changed from 
28 Feb 16 to 28 Feb 14.  Consequently, she was unable to complete 
the entire ADSC.  Therefore, in the interest of justice, we 
recommend her record be corrected to show that on 25 Jun 10 she 
elected to transfer her benefits and competent authority waived 
the remaining ADSC.  Accordingly, we recommend the applicant’s 
records be corrected to the extent indicated below.  



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force 
relating to the APPLICANT be corrected to show that on 25 Jun 10, 
she elected to transfer her Post-9/11 GI Bill Educational 
Benefits, her subsequent date of separation rollback and discharge 
was the result of force shaping, and she is considered to have 
completed her service agreement in accordance with Department of 
Defense Instruction 1341.14, Post-9/11 GI Bill.


The following members of the Board considered AFBCMR Docket Number 
BC-2013-05014 in Executive Session on 10 Dec 14 and 22 Jan 
15 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 Oct 13, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIT, dated 13 Dec 13.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Jan 14.
	Exhibit E.  Letter, Applicant, dated 29 Jan 14.