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 applicants 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
applicants 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 applicants 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
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