RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01562
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Post 9/11-GI Bill Transfer of Education Benefits (TEB) date
be changed from 24 Mar 14 to 30 Sep 12, the date of his
involuntary separation.
APPLICANT CONTENDS THAT:
In March 2010, he transferred 24 months of his Post 9/11 GI Bill
accepting the associated four-year Active Duty Service
Commitment (ADSC). In March 2012, he was passed over a second
time for major and involuntarily separated 30 Sep 12. He had
every intention of staying in the Air Force for 20 years and
meeting the ADSC.
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. His wife
had already used 22.5 months of the benefit so he was told he
would have to repay $24,718.70.
It was the Air Forces decision to force him to leave by 30 Sep
12, so he had no choice regarding his TEB obligation date. He
should not be punished for something that did not result from
his own willful misconduct. The TEB obligation date should be
adjusted to his involuntary separation date of 30 Sep 12.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 11 Jun 10, the applicant signed the Post 9/11 G.I. Bill
Transfer of Educational Benefits Statement of Understanding.
Section II, Acknowledgement and Agreement, items 8 and 9 of this
form states the applicants understanding of service commitment
and financial liability.
On 20 Apr 11, he was notified by his commander that he was
considered, but not selected for, promotion by the CY10D Maj
Line of the Air Force Central Selection Board. He acknowledged
receipt 26 Apr 11.
On 30 Sep 12, the applicant received an honorable discharge. He
was credited with 10 years, MM month and 15 days of active
service. He had 2 months and 23 days of prior active service.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The applicants TEB application
was reviewed and approved based on his status on the date of
request (14 Jun 10). In order for him to retain TEB benefits,
he was required to complete his TEB ADSC of 25 May 14. 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 to automatically have the
ADSC/obligation end date adjusted to the new Date of Separation
(DOS). The reasons an ADSC/Obligation End Date can be
considered fulfilled are as follows:
- Death of a member
- Disability, in conjunction with retirement/separation from
the Air Force
- Hardship, in conjunction with retirement/separation,
approved by the SecAF (Personnel Counsel).
Under the provisions of A9.18.8.5, the Department of Veterans
Affairs has the right to recoup benefits used if the member
fails to fulfill the associated obligation. Members acknowledge
this fact when signing the TEB Statement of Understanding.
The complete DPSIT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 11 Jul 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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 took
notice of the applicants complete submission in judging the
merits of the case; however, consistent with decisions on
similar cases this does not merit the same consideration as the
cases involving High Year of Tenure. Therefore, we agree with
the opinion and recommendation of the Air Force office of
primary responsibility (OPR) and adopt its rationale as the
basis for our conclusion the applicant has not been the victim
of an error of injustice. In the absence of evidence to the
contrary, we find no basis to recommend granting the requested
relief.
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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01562 was considered:
Exhibit A. DD Form 149, dated 8 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 26 May 14.
Exhibit D. Letter, SAF/MRBR, dated 11 Jul 14.AF | BCMR | CY2014 | BC 2014 01061
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