RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00042
COUNSEL: NONE
HEARING DESIRED: YES
____________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to
his dependents.
____________________________________________________________
APPLICANT CONTENDS THAT:
He was told he could elect the transfer of education
benefits (TEB) without incurring an active duty service
commitment (ADSC).
In support of his appeal, the applicant provides copies of
documents extracted from his military personnel records.
The applicant's complete submission, with attachments, is at
Exhibit A.
____________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who
retired on 1 Jan 11.
The remaining relevant facts pertaining to this application
are contained in the letter prepared by the appropriate
office of the Air Force, which is attached at Exhibit C.
____________________________________________________________
AIR FORCE EVALUATION:
AF/A1PA recommends denial. The applicant was not eligible
to transfer education benefits to his dependents without
incurring a service commitment. In Oct 09, he requested a
1 Jul 10 retirement; however, based on his 14 Jul 11 ADSC
related to his permanent change of station (PCS), the
earliest date he was eligible to retire without a waiver was
1 Aug 11. His request for retirement and ADSC waiver were
disapproved on 19 Jan 10. His subsequent appeal to the
Secretary of the Air Force Personnel Council (SAFPC) was
denied. He again applied for an ADSC waiver in order to
retire on 1 Dec 10. On 23 Sep 10, SAFPC disapproved his
request, but offered to allow him to retire on 1 Jan 11,
which he did. Shortly after gaining approval for
retirement, he applied to transfer his Post-9/11 GI Bill
benefits to his dependents on 21 Oct 10. However, his
application was disapproved because he could not obtain the
one-year retainability required for the transfer approval.
The applicant indicates he intended to transfer his benefits
as early as Oct 09, but his servicing education office
erroneously counseled him that because he would have over
20 years of service before 1 Jul 10, he would not require a
military service obligation. However, he did not provide
any documentation supporting that contention, and based on
his earliest retirement eligibility date, the applicant was
not eligible to transfer benefits without an additional
service commitment at the programss 1 Aug 09 inception.
Furthermore, his retirement, although based on an alleged
hardship, was a voluntary action.
The complete AF/A1PA evaluation is at Exhibit C.
____________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states due to the issues with the TEB program
and website dysfunctions he did not submit an application to
transfer education benefits at the time he was eligible to
do so without incurring an ADSC. Additionally, he was in a
catch-22 when it came to making his election. He was told
he would not incur an ADSC, so he thought he could apply for
the TEB when his retirement issues were resolved. Had he
known his ADSC waiver would have been disapproved, he would
have applied for the TEB in Oct 09 with plenty of time to
fulfill the requisite ADSC by the time he eventually retired
in Jan 11.
The applicants 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission, including his
response to the Air Force evaluation, in judging the merits
of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our
conclusion the applicant has not been the victim of an error
or injustice. We note the applicants argument in response
to the Air Force evaluation that he was in a catch-22 with
respect to his ability to apply for the TEB. However, other
than his own assertions, he has provided no evidence that his
failure to apply for the TEB in Oct 09 was the result of the
alleged miscounseling. Therefore, in the absence of evidence
to the contrary, we find no basis to recommend granting the
relief sought in this application.
____________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2011-00042 in Executive Session on 25 Aug 11,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR
Docket Number BC-2011-00042 was considered:
Exhibit A. DD Form 149, dated 31 Dec 10, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, AF/A1PA, dated 28 Feb 11.
Exhibit D. Letter, SAF/MRBR, dated 4 Mar 11.
Exhibit E. Letter, Applicant, dated 30 Mar 11, w/atchs.
Panel Chair
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