RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02440

	XXXXXXXXXXXXX		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His application to transfer his Post-9/11 educational benefits (TEB) be accepted. 


APPLICANT CONTENDS THAT:

After his TEB was approved on 4 Jun 10 and after he reenlisted to meet the retainability requirements to transfer his benefits, he was notified that his High Year Tenure (HYT) date for technical sergeant (E-6) was reduced from 22 years to 20 years.  This in turn resulted in having to retire prior to his four-year active duty service commitment (ADSC). Retiring at 20 years was not a voluntary choice, he was fully committed and prepared to complete the additional time needed. 

In support of his appeal, the applicant submits his DD Form 214, Certificate of Release or Discharge from Active Duty, and a letter from the DoD Manpower Data Center, dated 9 Jun 14, indicating that his request to transfer his Post-9/11 GI Bill benefits to his dependents was approved. 

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


STATEMENT OF FACTS:

During the events under review the applicant was serving in the grade of technical sergeant.  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 4 Jun 10, the applicant’s TEB was approved and he incurred an ADSC to 3 Jun 14.  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.  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.

According to his DD FM 214, the applicant received an honorable discharge in the grade of technical sergeant, effective 31 Oct 13 with a narrative reason, stating “Maximum Service or Time in Grade.”  Irrespective of this fact, at the time the applicant attempted to transfer his benefits he met the requirements of the TEB.  Since he was precluded by policy or statute from serving beyond 1 Nov 13, he continued to qualify for TEB, provided he agreed to serve to the maximum amount of time allowed, in this case his HTY date.   


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant’s TEB was reviewed and approved properly based on the member's status on the date of request (27 Sep 10).  In order for the member to retain TEB benefits, he had to serve to/through the Obligation End Date of 
26 Sep 14.  Because the member was retired prior to that date, he is ineligible for TEB.

The Air Staff/OSD did not develop guidance for the HYT Rollback Personnel Service Delivery Memorandum (PSDM) to allow members previously approved for TEB to retain their benefit.  There is no provision in TEB guidance (specifically, AFI 36-2306, Attachment 9, A9.18.8.5 and the HYT Rollback PSDM) granting fulfillment of obligation in the event a member is separated under HYT Rollback. Reasons an ADSC/Obligation End Date can be considered fulfilled are as follows:

* Death of the member
* Disability, in conjunction with retirement/separation from the Air Force
* Hardship, in conjunction with retirement/separation, approved by the SECAF

The member did not fulfill his TEB obligation and therefore he is ineligible for the benefit.

If the Board believes an injustice has occurred and wishes to provide relief to the member, the obligation end date would be adjusted to 31 Oct 13 (member's date of separation) and the member would regain TEB benefits.

A complete copy of the AFPC/DPSIT evaluation, with attachment, is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, was forwarded to the applicant on 12 Nov 14 for review and comment within 30 days (Exhibit C).

The applicant argues when he was notified that he would be forced to retire early, he contacted his education office on several occasions to gather information and guidance concerning the HYT roll back and how it affected his Post-9/11 GI Bill TEB.  At first he was told that they had not yet received any guidance, so he brought the issue up to his leadership and at his TAP class.  Eventually the education office told him that since he was being forced to retire his approved TEB would not be affected.  

The applicant further states that per DoDI 1341.13, 31 May 13 Section G. “Failure to Complete Service Agreement” Part 3, The transferor is also considered to have completed his or her service agreement as a result of being discharged for a disability or a reduction in force or force shaping.  Therefore, he is requesting restoration of his Transfer of Education Benefits (TEB) be approved.

Finally, the applicant requests that the board take in to account how these issues have personally affected his family.  At this time his son is enrolled at Frostburg State University and he had to pay $10,000 for the 2014 Fall Semester.  Additionally his son suffers from Cystic Fibrosis, which causes additional financial responsibility.  This has had a major financial impact on his household, as he also has a wife and a 9 year old daughter to provide for.  Without the use of the Post-9/11 GI Bill, he will not be able to afford to send his son back to school for the 2015 Spring Semester.  He asks the board, as a Father and an Airman who served honorably for 20 years, to please approve his TEB request.   

In support of his rebuttal, the applicant submits a personal letter to the board, the Frostburg State University Fall Bill he had to pay, medical documentation confirming his son’s Cystic Fibrosis medical condition, and the excerpt from the DODI 1341, dated 13 May 13, validating that he should be approved the TEB.

Examiner’s Note: According to 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.  By serving 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 D.   


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 1 Nov 15 to 1 Nov 13.  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 1 Oct 09 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 1 Oct 09, 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-2014-02440 in Executive Session on 23 Mar 15, under the provisions of AFI 36-2603:

XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX




All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02440 was considered:
 
Exhibit A.  DD Form 149, dated 12 Jun 14, w/atchs.
Exhibit B.  Letter, AFPC/DPSIT dated 24 Jun 14, w/atch.
Exhibit C.  Letter, SAF/MRBR, dated 12 Nov 14.
Exhibit D.  Applicant’s Rebuttal, dated 9 Dec 14, w/atchs.