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AF | BCMR | CY2011 | BC-2011-00536
Original file (BC-2011-00536.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00536 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His Post-9/11 GI Bill related Active Duty Service Commitment 
(ADSC) date be changed from 1 Sep 12 to 8 Dec 09. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He filed an application for the Post-9/11 GI Bill on-line on 
8 Dec 09 as he was preparing to deploy. He phoned the local 
Education and Veterans Affairs (VA) offices to assist him because 
the application was tedious, unclear and confusing. He has 
documents to prove when he applied for the Transfer of Education 
Benefits (TEB). 

 

While he was deployed his co-workers told him how to “trick the 
system” by putting in future dates for when the TEB would become 
effective. Afterwards, he checked his application and that is 
when he found his ADSC date had changed. Even though the 
application was accepted, the ADSC start date changed from the 
original date of application of 8 Dec 09 to 1 Sep 10 which gave 
him a new ADSC end date of 1 Sep 12. 

 

In support of his request, the applicant provides a personal 
statement and a copy of the Post 9-11 GI Bill Application Site 
Records. 

 

His 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 lieutenant colonel (0-5). 

 

 

 

 


Any member of the Armed Forces (active duty or Selected Reserve, 
officer or enlisted) on or after August 1, 2009, who is eligible 
for the Post-9/11 GI Bill, and: 

 

• Has at least 6 years of service in the Armed Forces on the 
date of election and agrees to serve 4 additional years in 
the Armed Forces from the date of election. 


 

• Has at least 10 years of service in the Armed Forces (active 
duty and/or selected reserve) on the date of election, is 
precluded by either standard policy (service or DoD) or 
statute from committing to 4 additional years, and agrees to 
serve for the maximum amount of time allowed by such policy 
or statute, or 


 

• Is or becomes retirement eligible during the period from 
August 1, 2009, through August 1, 2013. A service member is 
considered to be retirement eligible if he or she has 
completed 20 years of active duty or 20 qualifying years of 
reserve service. 


 

• For those individuals eligible for retirement on 
August 1, 2009, no additional service is required. 




 

• For those individuals who have an approved retirement 
date after August 1, 2009, and before July 1, 2010, no 
additional service is required. 




 

• For those individuals eligible for retirement after 
August 1, 2009, and before August 1, 2010, 1 year of 
additional service after approval of transfer is 
required. 




 

• For those individuals eligible for retirement on or 
after August 1, 2010, and before August 1, 2011, 2 
years of additional service after approval of transfer 
are required. 




 

• For those individuals eligible for retirement on or 
after August 1, 2011, and before August 1, 2012, 3 
years of additional service after approval of transfer 
required. 




 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ USAFA/A1PA recommends denial. Although the applicant states 
he contacted the Total Force Service Center (TFSC) in Dec 09 
about the problems he was experiencing using the TEB web-based 


application, the documentation he provided does not show he 
informed the TFSC that he was having difficulty with the TEB and 
his TEB record shows no activity prior to his Aug 10 submission. 
Furthermore, he states that he may have inadvertently caused his 
application date to shift when he went in to “trick” the dates as 
recommended by his co-workers. However, the system does not 
permit users to backdate or otherwise “trick” the TEB. 
Therefore, A1PA has no basis to agree with his assertion. 
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. 

 

The complete A1PA evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 8 Apr 11 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

_________________________________________________________________ 

 

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 error or injustice regarding his 
request to adjust his ADSC. 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. 
Therefore, we agree with the opinion and recommendation of the Air 
Force office of primary responsibility and adopt the rationale 
expressed as the basis for our decision that the applicant has 
failed to sustain his burden of having suffered either an error or 
injustice. Therefore, in the absence of persuasive evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

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 issue involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

 


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. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00536 in Executive Session on 18 Nov 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 3 Feb 11, w/atchs. 

 Exhibit B. Letter, HQ USAF/A1PA, dated 25 Mar 11. 

 Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11. 

 

 

 

 

 

 Panel Chair 

 



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