Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2011-00081
Original file (BC-2011-00081.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00081 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

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 dependent children be changed from 8 April 2014 to 
19 August 2013. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He did not realize that applying for the Post 9/11 GI Bill and 
TEB were two separate and distinct actions. He applied for the 
Post 9/11 GI Bill on 19 June 2009 and received his certificate of 
eligibility on 19 August 2009. He did not receive the TEB 
instructions until he returned from deployment and back to duty 
in January 2010. As a result, he did not apply for TEB until 
9 April 2010. He did not realize the “retainability clock” did 
not start until he actually applied to transfer benefits. 
Therefore, his ADSC was established as 8 April 2014 (four years 
from date of application). 

 

The applicant does not provide any evidence in support of his 
appeal. 

 

The applicant’s complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving in the Regular Air Force in 
the grade of lieutenant colonel (O-5). On 9 April 2010, the 
applicant applied for TEB to his children by completing and 
signing the required Statement of Understanding. As a result, an 
ADSC with an expiration date of 8 April 2014 was generated. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AF/A1PA recommends denial. A1PA states that the Department of 
Defense and Air Force guidance is clear on the retention 


requirements and that the commitment starts on the date the 
member requests TEB. Members who have more than six years 
service but are not yet eligible to retire must agree to serve 
four additional years in the Air Force from the date of the 
request, regardless of the months transferred. The applicant did 
not apply for TEB until 9 April 2010. As such, his ADSC is 
currently established as 8 April 2014 (four years from the date 
of application). 

 

A1PA indicates that if the Board wishes to grant relief, they 
could find the applicant did not receive adequate counseling 
about transfer rules and retainability requirements during his 
June to December 2009 combat-zone deployment in a non-Air Force 
unit. In this case, the Board could direct AFPC to correct the 
applicant’s military service obligation start date to as early as 
1 August 2009, the effective date of the program, and change his 
ADSC accordingly. 

 

The complete AF/A1PA evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

During his deployment to Afghanistan, there was no in-place 
counseling for the Post 9/11 GI Bill. In addition, he did not 
have access to his home station email account and very limited 
Internet access. He did what he thought was necessary based on 
the information available when he applied. He did not apply for 
the TEB until 9 April 2010, after he received an email directing 
him to set-up the transfer of eligibility. Had he not received 
this email reminder, he may still not have set up the transfer to 
his dependants. He left Afghanistan believing he had completed 
all the necessary documents to obtain these benefits with a four-
year ADSC starting in August 2009. 

 

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 applicant 
applied for Post 9/11 GI Bill benefits on 19 June 2009, just 


prior to his combat-zone deployment in a non-Air Force unit; and, 
that he asserts he did not receive TEB instructions until he 
returned from his deployment and to duty in January 2010. He 
also contends he did not realize that he had to make a separate 
election for TEB and that the four-year ADSC commitment did not 
start until he made that election. Based on the aforementioned, 
it appears that through no fault of his own, the applicant did 
not receive adequate counseling about the TEB rules and 
retainability requirements while he was deployed from June 
through December 2009. 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. 

 

_________________________________________________________________ 

 

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 was 
established as 19 August 2013. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00081 in Executive Session on 29 July 2011, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to Docket Number BC-
2011-00081 was considered: 

 

 Exhibit A. DD Form 149, dated 3 Jan 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AF/A1PA, dated 28 Feb 11. 

 Exhibit D. Letter, SAF/MRBR, dated 4 Mar 11. 

 Exhibit E. Letter, Applicant, not dated. 

 

 

 

 

 

 Panel Chair 

 

 



Similar Decisions

  • AF | BCMR | CY2011 | BC-2011-00536

    Original file (BC-2011-00536.txt) Auto-classification: Denied

    Additionally, A1PA notes that if the applicant desires to retire as soon as he completes 20 years of service, he may request an ADSC waiver. After a thorough review of the evidence of record and applicant's submission, we do not find his uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...

  • AF | BCMR | CY2011 | BC-2011-01105

    Original file (BC-2011-01105.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01105 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. _________________________________________________________________ APPLICANT CONTENDS THAT: In August 2009, the Education Center on Bolling AFB briefed that active duty members may only transfer Post 9/11 GI Bill benefits to dependents. If the...

  • AF | BCMR | CY2010 | BC-2010-01151

    Original file (BC-2010-01151.txt) Auto-classification: Approved

    The complete AFPC/DPSIT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: At the time he began terminal leave, the Air Force had not published policy on TEBs to dependents. However, the Board could find that there was an injustice if the members were on active duty on 1 August 2009, were not personally counseled about the need to execute a transfer while serving in the Armed Forces, and did not have...

  • AF | BCMR | CY2010 | BC-2010-00682

    Original file (BC-2010-00682.txt) Auto-classification: Approved

    Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 August 2009, who is eligible for the Post-9/11 GI Bill, and: Has at least six (6) years of service in the Armed Forces on the date of election and agrees to serve four additional years in the Armed Forces from the date of election. However, the Board could find that there was an injustice if the members were on active duty on 1 August 2009, were not personally counseled...

  • AF | BCMR | CY2013 | BC 2013 04071

    Original file (BC 2013 04071.txt) Auto-classification: Denied

    He has served 4 years since the start of the Post-9/11 GI Bill. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. Exhibit...

  • AF | BCMR | CY2010 | BC-2010-01175

    Original file (BC-2010-01175.txt) Auto-classification: Approved

    However, the Board could find that there was an injustice if the members were on active duty on 1 August 2009, were not personally counseled about the need to execute a transfer while serving in the Armed Forces, and did not have ready access to DoD and Air Force guidance because of their terminal leave status. The transfer date could be effective as early as 1 August 2009 and there would be no need to place the member on active duty since the TEB system allows for correction of the record...

  • AF | BCMR | CY2013 | BC 2013 02517

    Original file (BC 2013 02517.txt) Auto-classification: Approved

    ________________________________________________________________ APPLICANT CONTENDS THAT: He registered for the Post 9/11 GI Bill and Transfer of Education Benefits (TEB) in Nov 2009 but unfortunately, was not aware he was required to sign a Statement of Understanding (SOU) concurring with the 4 year Active Duty Service Commitment (ADSC) required for TEB. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the...

  • AF | BCMR | CY2013 | BC 2013 03973

    Original file (BC 2013 03973.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03973 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) for transfer of his Post-9/11 GI Bill Educational benefits to his dependents be corrected to 9 Apr 2018 [sic]. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or...

  • AF | BCMR | CY2013 | BC 2013 04681

    Original file (BC 2013 04681.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04681 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His active duty service commitment (ADSC) extension from the Post-9/11 GI Bill Transfer of Educational Benefits (TEB) begin January 10, the month he originally transferred his educational benefits to his family. STATEMENT OF FACTS: According to the applicant’s military personnel records he was serving on active...

  • AF | BCMR | CY2011 | BC-2011-00042

    Original file (BC-2011-00042.txt) Auto-classification: Denied

    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 programs’s 1 Aug 09 inception. 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. We took notice of the applicant's...