RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02362

	XXXXXXXXXXXXX		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

The application he completed for the Transfer of Educational Benefits (TEB) on 7 Mar 13 be accepted.


APPLICANT CONTENDS THAT:

After he applied for TEB, he received an email stating that once he signed and submitted his Statement of Understanding (SOU) his TEB would be approved.  On 9 Apr 13, he submitted the signed SOU, but has not received the approval of his TEB.

In support of his request, the applicant provides a copy of his signed SOU and the TEB Discussion Thread.

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


STATEMENT OF FACTS:

The applicant serves in the Regular Air Force in the grade of master sergeant (E-7).  However, during the events under review, he was serving in the grade of technical sergeant (E-6).  Since the applicant had served on active duty after 11 Sep 01, he was entitled to Post-9/11 GI Bill benefits in his own right and was eligible to transfer said benefits on the date requested, provided he was able to meet the prescribed active duty service commitment (ADSC).

On 6 Mar 13, according to documentation provided by the applicant, he submitted his TEB application.  At this time he was serving in the grade of technical sergeant (E-6).  As such, because of the high year tenure (HYT) program (technical sergeants are unable to serve more than 20 years) he was required to retire/separate no later than 14 Aug 16, which precluded him from obtaining the typical four years of retainability required to transfer his benefits.  However, because he was precluded by standard policy, (Service or DoD) or statute, from committing to four additional years, he could have still qualified for the TEB with an agreement to serve for the maximum amount of time allowed by such policy or statute.

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.

On 9 Apr 13, according to the documentation submitted by the applicant, he signed the Post-9/11 GI Bill TEB statement of understanding (SOU).

On 17 Sep 13, he received a message from the Total Force Service Center (TFSC) stating, “your application was rejected by the TFSC on 8 Apr 13 because you did not complete and return the required Statement of Understanding (SOU) or have the required retainability to satisfy the service obligation.”

On 1 Oct 13, the applicant was promoted to the grade of master sergeant, effective and with a date of rank of 1 Oct 13.  As a result of the promotion, the applicant’s high year tenure date is now 14 Aug 20.  Irrespective of this fact, at the time the applicant attempted to transfer his benefits, he was precluded from serving beyond 14 Aug 16; therefore, qualifying to transfer his benefits, provided he agreed to serve to his HYT date.


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant received notification via Right Now Technology (RNT) communication which stated if he signed the TEB SOU his TEB would be approved; however, he had not met retainability requirements for TEB approval.  These requirements are clearly defined in both the MilConnect message and the initial notification sent to him through RNT on 7 Mar 13.  Because he did not fulfill TEB eligibility requirements (AFI 36-2306, Attachment 9, A9.18. l.2), his TEB application was rejected.  Records indicate he did not make an inquiry on the status of his application until AFPC/DPSIT personnel sent two audit emails letting him know his TEB application was rejected and he would be required to reapply.  The applicant’s current DOS is 20 Aug 16 giving him three years of retainability, but not the four years required by law; therefore, he must meet the retainability requirements and reapply. 

A complete copy of the AFPC/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 18 Aug 14 for review and comment within 30 days (Exhibit D).

The applicant argues that at the time he applied for TEB on 7 Mar 13, he had met all retainability requirements.  The only retainability requirement he had was to extend his date of separation to his HYT date, which he did on 6 Mar 13.  His TEB was not rejected due to eligibility requirements, but instead because they supposedly did not receive his SOU, which he in fact submitted on 9 Apr 13.

In support of his rebuttal, the applicant submits  a AF FM 1411, Extension of Enlistment in the Air Force, validating his extension of 12 months for the purpose of the Post 9/11 GI Bill Benefits and resubmits the same TEB thread highlighting that he was sent a blank SOU form from the TFSC on 8 Apr 13.

Examiner’s Note: According to the AFI 36-2306, A9.18.1.3. the applicant had “at least ten years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either Air Force policy, DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute.”  On the date of election, the applicant did in fact meet the eligibility requirements for the TEB.  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.  By extending to his HYT the member agreed to serve for the maximum amount of time allowed by current policy.

The applicant’s complete response, with attachments, 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.  While we note the comments of AFPC/DPSIT indicating that relief should be denied because the applicant did not meet the retainability requirement; we believe corrective action is warranted.  After a thorough review of the evidence of record and the applicant’s complete submission, it appears the applicant had every intention of fulfilling his ADSC obligation; however, due to circumstances beyond his control, his HYT date was changed from 14 Aug 18 to 14 Aug 16.  Consequently, he was unable to complete the normal 4-year ADSC.  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 his HYT date.  Therefore, in the interest of justice, we recommend his record be corrected to show that on 7 Mar 13 he elected to transfer his benefits.  Accordingly, we recommend his records be corrected as set forth 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 7 Mar 13, he elected to transfer his Post-9/11 GI Bill Educational Benefits, his subsequent date of separation rollback and discharge was the result of force shaping, and he is considered to have completed his service agreement in accordance with Department of Defense Instruction 1341.13, Post-9/11 GI Bill.


The following members of the Board considered AFBCMR Docket Number BC-2014-02362 in Executive Session on 20 Feb 15, under the provisions of AFI 36-2603:

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

Exhibit A.  DD Form 149, dated 1 Jun 14, w/atchs.
Exhibit B.  Master Personnel Records
Exhibit C.  Letter, AFPC/DPSIT dated 23 Jun 14.
Exhibit D.  Letter, SAF/MRBR, dated 18 Aug 14.
Exhibit E.  Applicant’s Rebuttal, dated 4 Sep 14, w/atchs.