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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