RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01943 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Active Duty Service Commitment (ADSC) that was incurred as a 
result of the Post 9/11 GI Bill transfer of education benefits 
(TEB) to his dependents be removed. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was told that if a member wanted to revert to his/her original 
ADSC date, all one had to do was revoke their TEB, and they would 
be allowed to separate/transfer to the Guard/Reserve on their 
original ADSC date. 

 

In support of his appeal, the applicant provides a copy of a 
memorandum from the Nellis Air Force Base (AFB) Chief of 
Education and Training Office; and, an Officer Brief. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving in the Regular Air Force in 
the grade of major (O-4). On 26 August 2009, the applicant 
transferred education benefits to his children and spouse by 
completing and signing the required Statement of Understanding. 
An ADSC with an expiration date of 25 August 2013 was generated. 
Without using any of the transferred benefits, the applicant 
revoked the TEB to his children and spouse on 20 May 2010. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSI recommends denial. DPSI states the purpose of the Post 
9/11 GI Bill TEB is specifically to promote recruiting and 
retention. The Air Force requires members who execute a transfer 
of benefits to complete a Statement of Understanding that denotes 
the member’s service obligation and indicates that a formal ADSC 
will be updated in the member’s records. The form indicates the 
member can modify or revoke the transfer election at any time but 


does not establish a separate provision to cancel or revoke the 
ADSC if he/she revokes transferred benefits. Provisions are 
established in Air Force Instruction 36-2107, Service 
Commitments, paragraph 2.16, to request a waiver of the ADSC for 
the purpose of early release, separation or retirement. 

 

DPSI states the ADSC is not automatically cancelled upon 
revocation of transferred benefits. The applicant executed the 
TEB Application and an Air Force Form 4406, Post 9/11 GI Bill 
Transfer of Educational Benefits Statement of Understanding, 
which clearly stated the required service commitment and did not 
contain guidance that the ADSC would be cancelled if he revoked 
the transfer. In addition, the Post 9/11 GI Bill Personnel 
Service Delivery (PSD) Guide from which the Nellis AFB Education 
Center briefed the applicant does not contain guidance that the 
ADSC is cancelled if he revokes the transfer. 

 

DPSI states the rationale for maintaining the ADSC is that once 
the member is approved for TEB, he/she has the right to modify, 
revoke, or reallocate the benefits throughout the life of the 
benefit. The Air Force made a deliberate decision to require an 
ADSC to promote recruiting and retention, the reason why Congress 
created the transfer provision. 

 

DPSI indicates that if the applicant desires a Post 9/11 GI Bill 
waiver for the purposes of entering a PALACE CHASE transfer to 
the Air Force Reserve or Air National Guard, he can apply under 
the provisions of Air Force Instruction 36-2107. 

 

The complete AFPC/DPSI evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The memorandum provided by the Nellis AFB Chief of Education and 
Training states the following: “Nothing in the guide indicates 
that the ADSC would still be valid if the member decided to 
revoke the benefits to a spouse or dependents. I did not brief 
personnel that the ADSC would still be active if they revoked any 
months they had transferred to their dependents.” This is a 
different way of stating that she did tell him that the ADSC 
would revert back to the original date. There was a lack of 
clear guidance and understanding of how the program worked when 
it was first offered to him. He enrolled based on incorrect 
information that was briefed to him. 

 

His dependents have not received any benefits from the Post 9/11 
GI Bill. He has revoked the transfer to them and intends that 
revocation to be permanent. He is now being forced to serve an 
additional four years on active duty for benefits that he will 
not receive. 

 


As the advisory opinion states, there are currently provisions to 
enter PALACE CHASE to transfer to the Guard or Reserve and 
request an ADSC waiver, but it does not mention that it would be 
very unlikely for the Air Force to approve a PALACE CHASE with 
two years left of his ADSC. He has been hired for a full-time 
position with the Florida Air National Guard. For family 
reasons, he has accepted this job offer with the hopes of moving 
permanently to Florida by November 2011. 

 

The applicant’s complete rebuttal 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 warranting relief. 
After reviewing the documentation submitted, the Board believes 
the applicant's ADSC should be changed. We note the comments 
from the Chief of the Nellis AFB Education and Training office 
indicating there was no guidance in the PSD Guide, at the time of 
TEB implementation, which addressed that the incurred ADSCs would 
still be valid if the member revoked their TEB election. It 
appears that through no fault of the applicant he was not made 
aware of the service obligation incurred due to TEB. Therefore, 
we elect to resolve any doubt in this matter in behalf of the 
applicant and recommend the records be corrected in the following 
manner. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that his four-year 
ADSC he incurred for electing Post 9/11 GI Bill TEB be declared 
void. 

 

_________________________________________________________________ 

 


The following members of the Board considered AFBCMR Docket 
Number BC-2010-01943 in Executive Session on 10 March 2011, under 
the provisions of AFI 36-2603: 

 

 XXXXXXXXXXXXXXXXXXXXX, Panel Chair 

 XXXXXXXXXXXXXXXXXXXXX, Member 

 XXXXXXXXXXXXXXXXXXXXX, Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to Docket Number BC-
2010-01943 was considered: 

 

 Exhibit A. DD Form 149, dated 24 May 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSI, dated 5 Jan 11. 

 Exhibit D. Letter, SAF/MRBR, dated 14 Jan 11. 

 Exhibit E. Letter, Applicant, dated 21 Jan 11, w/atch. 

 

 

 

 

 XXXXXXXXXXXXXXXXXXXX 

 Panel Chair