Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 01061
Original file (BC 2014 01061.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
		
IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01061
 					COUNSEL:  NONE
					HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His obligation end date for transfer of his Post-9/11 GI Bill 
Educational Benefits to his dependents be changed to 31 Dec 13.  


APPLICANT CONTENDS THAT:

He would be eligible for Transfer of Education Benefits (TEB) 
had he been forced out by a Reduction In Force (RIF) or Force 
Shaping action.  Instead he was forced to retire due to being 
passed over a second time for promotion to the grade of 
lieutenant colonel (O-5).  All involuntary separations should be 
treated equally.

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


STATEMENT OF FACTS:

Transferability of Unused Education Benefits to Family Members. 
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, 
the Secretary concerned, to promote recruitment and retention in 
the Uniformed Services, may permit an individual eligible for 
Post-9/11 GI Bill educational assistance to elect to transfer to 
one or more of his or her family members all or a portion of his 
or her entitlement to such assistance. 

For individuals eligible for retirement on or after 1 Aug 11, 
and before 1 Aug 12, 3 years of additional service is required. 
A Service member is considered to be retirement eligible if he 
or she has completed 20 years of active Federal service or 
20 qualifying years as computed pursuant to 10 U.S.C. § 12732. 

The applicant initially entered the Regular Air Force on 7 May 
92.

According to his DD Form 214, Certificate of Release or 
Discharge from Active Duty, he was retired on 31 Dec 13 in the 
grade of major (O-4) with a narrative reason for separation of 
“Maximum Service or Time in Grade.”  He was credited with 
15 years, 3 months and 6 days of active service this period and 
6 years, 4 months and 18 days of prior active service.  

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  He was properly approved for TEB 
on the requested date of 23 Jan 12.  In order for the applicant 
to retain TEB benefits, he would have had to serve through the 
obligation end date of 22 Jan 15.  However, because he was 
passed over twice for promotion to the grade of lieutenant 
colonel, he was forced to retire prior to the obligation end 
date as he was retired on 31 Dec 13.  Therefore, he is 
ineligible In Accordance With (IAW) AFI 36-2306, Voluntary 
Education Programs, Atch 9, A9.18.8.5.  

There is no provision in TEB guidance granting fulfillment of 
obligation that applies to the applicant’s non-selection for 
promotion after TEB approval.  Reasons an Active Duty Service 
Commitment (ADSC)/obligation end date can be considered 
fulfilled are death of the member, disability in conjunction 
with retirement or separation from the Air Force, hardship, in 
conjunction with retirement/separation approved by the Secretary 
of the Air Force.

The applicant had an on opportunity from 1 Aug 09 through 31 Dec 
10 to apply for TEB and could have fulfilled the 3 year 
ADSC/obligation required without interference.  However, because 
he did not fulfill his TEB obligation, he is ineligible.

A complete copy of the DPSIT evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

How long he was eligible to request TEB is irrelevant.  He was 
fully eligible and entered into the TEB contract expecting to 
complete the terms of the contract.  It was the Air Force’s 
action that broke that contract, not his.  He fulfilled his part 
to the maximum extent the Air Force allowed.  

The ADSC is waived for those separated via a RIF or force 
shaping.  There is no reason the same logic should not apply in 
his case. 

In fact, AFI 36-2306, A9.18.1.4.3 seems to specifically address 
the issue in question.  When the member has done all he can to 
satisfy the TEB requirements, but Air Force policy or statute 
does not permit it, the member should not be punished.

The applicant’s complete submission 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We note the 
applicant argues that he fulfilled his part of the contract to 
the maximum extent allowed and believes his separation is 
similar to those separated by a RIF or force shaping.  However, 
he has not provided substantial evidence which, in our opinion, 
successfully refutes the assessment of his case by the Air Force 
Office of Primary Responsibility (OPR).  Therefore, we agree 
with the opinion and recommendation of the OPR and adopt the 
rationale expressed as the basis for our decision that the 
applicant has failed to sustain his burden of proof of either an 
error or an injustice.  In the absence of evidence the applicant 
was treated differently than others similarly situated we find 
no equitable basis to grant the relief sought in this 
application.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-01061 in Executive Session on 20 Feb 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 10 Mar 14, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 8 Apr 14.
        Exhibit D.  Letter, SAF/MRBR, dated 30 May 14.
        Exhibit E.  Letter, Applicant, dated 12 Jun 14.  

 

Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 05014

    Original file (BC 2013 05014.txt) Auto-classification: Approved

    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. 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...

  • AF | BCMR | CY2014 | BC 2014 02440

    Original file (BC 2014 02440.txt) Auto-classification: Approved

    However, because of the HYT program (technical sergeants are unable to serve more than 20 years) he was required to retire/separate no later than 1 Nov 13, which precluded him from obtaining the typical four years of retainability required to transfer his benefits. Furthermore, in accordance with AFI 36-2306 the applicant had over 10 years of service on the date of election and at the time he initiated the transfer he agreed to serve the maximum amount allowed by policy, which was in fact...

  • AF | BCMR | CY2014 | BC 2014 02362

    Original file (BC 2014 02362.txt) Auto-classification: Approved

    On 6 Mar 13, the applicant requested an extension of his enlistment to 14 Aug 16 (his HYT date) for the purpose of qualifying to transfer his Post-9/11 GI Bill benefits, which was approved on 3 Apr 13. While he has since been promoted to master sergeant, at the time he tried to transfer his TEB he was serving in the grade of technical sergeant with a HYT date of 14 Aug 16, thus making him ineligible to serve for an additional four years. Furthermore, in accordance with AFI 36-2306 the...

  • AF | BCMR | CY2014 | BC 2014 02234

    Original file (BC 2014 02234.txt) Auto-classification: Approved

    APPLICANT CONTENDS THAT: Due to his “best interest of the Air Force” waiver he was allowed to voluntarily retire on 31 Mar 12 and able to retain his TEB benefits despite not fulfilling the agreed upon TEB Active Duty Service Commitment (ADSC). In support of his appeal the applicant provides his DMDC TEB Summary from 30 May 14 and VADIR TEB Summary faxed 10 Mar 14 from Department of Veterans Affairs, indicating 31 months of his 9-11 GI-Bill benefit have been transferred to his son; a signed...

  • AF | BCMR | CY2014 | BC 2014 01562

    Original file (BC 2014 01562.txt) Auto-classification: Denied

    He was told since his separation date was prior to fulfilling his TEB obligation date his wife was no longer eligible for the 24 months of education benefits transferred to her. The TEB obligation date should be adjusted to his involuntary separation date of 30 Sep 12. There is no provision in TEB guidance (specifically, AFI 36-2306, The Air Force Education Services Program, Attachment 9, A9.18.8.5) allowing members passed over twice for promotion after TEB approval to retain benefits, or...

  • AF | BCMR | CY2014 | BC 2014 03596

    Original file (BC 2014 03596 .txt) Auto-classification: Denied

    Because the applicant was approved for a voluntary retirement prior to the date of his TEB request, member is ineligible for TEB IAW AFI 36-2306, Attachment 9, A9.18.8.5. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, was forwarded to the applicant on 17 Nov 14 for review and comment within 30 days (Exhibit C). This being the case, consistent with paragraph A9.18.1.3 of AFI 36-2306, he has served well in excess of 10 years, he is unable to accept the...

  • AF | BCMR | CY2014 | BC 2014 01250

    Original file (BC 2014 01250.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01250 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits to his dependents while on active duty. APPLICANT CONTENDS THAT: He failed to update his Post-9/11 GI Bill transfer of educational benefits (TEB) to his son prior to retirement, believing that he could do it at a later time. ...

  • AF | BCMR | CY2013 | BC 2013 03804

    Original file (BC 2013 03804.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03804 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His records to be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependents while on active duty. The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at...

  • AF | BCMR | CY2014 | BC 2014 01487

    Original file (BC 2014 01487.txt) Auto-classification: Denied

    He then submitted another TEB and received an approved waiver of the TEB obligation end date, which allowed him to retire voluntarily and keep the TEB benefit. On 17 Nov 11, the RNT system shows the applicant made an additional request to change his retirement date to 1 Oct. “For those members eligible for retirement after 1 Aug 11, and on or before 1 Aug 12, three years of additional service from the date of request is required.” Based on his TAFMSD, his retirement date, and the date he...

  • AF | BCMR | CY2014 | BC 2014 02521

    Original file (BC 2014 02521.txt) Auto-classification: Approved

    In reference to the timeliness of the application, the applicant states that he retired on 31 Dec 09 and submitted his application for Correction of Military Records on 5 Jun 2014, the time between those two dates is 4 years, 5 months and 3 days excluding the end date, still within this identified 5-year time period. He understands if there is no record of his TEB request; however, the Air Force has a record of his 23 years of service and who he had listed as his dependents. THE BOARD...