Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2011-00815
Original file (BC-2011-00815.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00815 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His active duty service commitment (ADSC) for transferring his 
Post 9/11 GI Bill benefits to his dependents be corrected to 
reflect an expiration date of 24 Jun 11. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Improper advice from his MPF resulted in extending his ADSC. 
His military personnel flight (MPF) incorrectly advised him to 
use the Veterans Administration website to transfer his benefits 
to his dependents. At that time, the Air Force/DoD did not have 
the online application to transfer benefits. Based on MPF 
guidance, he accomplished a VA Form 22-1990, Application for VA 
Education Benefits, through the Veterans Administration Online 
Applications (VONAPP) website. He was told this would establish 
a 24 Jun 11 ADSC. When the Air Force online application later 
became available, he asked his MPF if he needed to reaccomplish 
the transfer and was told that he did not have to do so. 
However, the MPF subsequently informed him that he did indeed 
have to request the transfer of benefits through the Air Force 
application. He completed the application on 28 Oct 09, which 
established a new ADSC of 28 Oct 11. He clearly demonstrated 
his intent to transfer the benefits to his dependents and incur 
the appropriate ADSC of 24 Jun 11 on 24 Jun 09. 

 

In support of his request, the applicant provides a copy of what 
appears to be a screen shot of the aforementioned Department of 
Veterans Affairs (DVA) VONAPP application and correspondence 
from the DVA related to the matter under review. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 


Information extracted from the Military Personnel Data System 
(MilPDS) indicates the applicant is currently serving on active 
duty in the grade of lieutenant colonel (O-5). 

 

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, indicating there is no evidence of an 
error or injustice. Based on the applicant’s retirement 
eligibility, he was required to commit to two additional years 
of service in order to be eligible to transfer his Post 9/11 GI 
Bill benefits to his dependent. On 24 Jun 09, he erroneously 
used the DVA VONAPP to attempt to make the transfer of education 
benefits to his eligible dependents and believed he would incur 
an ADSC of 24 Jun 11. He eventually discovered he had not used 
the correct web-based application, and on 29 Oct 09, applied to 
transfer benefits in the correct web-based application. In 
doing so, he electronically signed a Statement of Understanding 
that committed him to a two year ADSC ending 28 Oct 11. The 
applicant argues that he demonstrated his intent to transfer 
benefits on 24 Jun 09, the date he tried to transfer the 
benefits using VONAPP. However, the VA Certificate of 
Eligibility the applicant received as a result of his VONAPP 
application clearly confirms that he alone was entitled to 
36 months of Post 9/11 GI Bill benefits. There is absolutely 
nothing included in the certificate that would lead him to 
believe he successfully transferred his Post 9/11 GI Bill 
benefits to his dependents. Additionally, the effective date of 
the program was 1 Aug 09; therefore, even if the applicant had 
transferred benefits in the correct system in Jun 09, the 
earliest date his ADSC would expire would be 31 Jul 11. 

 

A complete copy of the AF/A1PA evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to applicant on 
29 Apr 11 for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit D). 

 

________________________________________________________________ 

 

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 error or injustice. While we 
note the steps the Air Force office of primary responsibility 
indicates were taken to inform eligible personnel of the 
requirements associated with participating in this new benefit, 
it appears that through no fault of the applicant, he was not 
timely made aware of the steps necessary to transfer his 
benefits to his dependents. In our view, these initial 
challenges served to delay the applicant’s action to transfer 
his benefits, thus preventing him from entering into the 
required two-year active duty service commitment (ADSC) as early 
as he could have. We note the applicant contends he intended to 
transfer his benefits as early as 24 Jun 09; however, we also 
note the comments by the Air Force office of primary 
responsibility indicating the earliest the applicant, or anyone 
else for that matter, could transfer their benefits would be 
1 Aug 09. Therefore, we believe that correcting his record to 
reflect he transferred his benefits on 1 Aug 09, thereby 
incurring the requisite ADSC on that date, represents full and 
fitting relief in this case. Therefore, we recommend the 
applicant’s records be corrected as indicate below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that on 
1 Aug 09, he elected to transfer his Post-9/11 GI Bill benefits 
to his dependents, thereby incurring a two-year Active Duty 
Service Commitment (ADSC) with an expiration date of 31 Jul 11. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00815 in Executive Session on 29 Jul 11, under 
the provisions of AFI 36-2603: 

 

 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 1 Feb 11, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AF/A1PA, dated 15 Apr 11. 

 Exhibit D. Letter, SAF/MRBR, dated 29 Apr 11. 

 

 

 

 

 

 Panel Chair 



Similar Decisions

  • AF | BCMR | CY2011 | BC-2011-00444

    Original file (BC-2011-00444.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00444 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. The applicant's complete submission, with attachment, is at Exhibit A. The complete AF/A1PA evaluation is at Exhibit...

  • 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...

  • AF | BCMR | CY2010 | BC-2010-04760

    Original file (BC-2010-04760.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04760 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependent daughter effective 1 Sep 10. His request to transfer his benefits was denied because he did not have the one year retainability requirement based on his approved retirement...

  • AF | BCMR | CY2014 | BC 2014 01487

    Original file (BC 2014 01487.txt) Auto-classification: Denied

    He then submitted another TEB and received an approved waiver of the TEB obligation end date, which allowed him to retire voluntarily and keep the TEB benefit. On 17 Nov 11, the RNT system shows the applicant made an additional request to change his retirement date to 1 Oct. “For those members eligible for retirement after 1 Aug 11, and on or before 1 Aug 12, three years of additional service from the date of request is required.” Based on his TAFMSD, his retirement date, and the date he...

  • AF | BCMR | CY2013 | BC 2013 04771

    Original file (BC 2013 04771.txt) Auto-classification: Approved

    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 Post-9/11 Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (Title 38 USC, Chapter 33, § 3319(b)(1)). If you do not receive...

  • AF | BCMR | CY2011 | BC-2011-00640

    Original file (BC-2011-00640.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00640 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to apply to transfer his Post 9/11 GI Bill benefits to his dependents with an effective date of 12 Aug 09. Notwithstanding the above, the Board could find the applicant did not receive timely notification of the actions due for his...

  • AF | BCMR | CY2014 | BC 2014 03578

    Original file (BC 2014 03578.txt) Auto-classification: Denied

    Although he already submitted for the TEB he would have reenlisted to ensure approval of his TEB, but was precluded due to his service connected disability, which forced him to medically retire. “For those members eligible for retirement after 1 August 2011, and on or before 1 August 2012, three years of additional service from the date of request is required.” Based on the date he became eligible to retire, he would have incurred a 3-year active duty service commitment (ADSC) obligation on...

  • AF | BCMR | CY2013 | BC 2013 03023

    Original file (BC 2013 03023.txt) Auto-classification: Denied

    Therefore, even if we agreed with the OPR to correct his record to show that he elected TEB on 9 Dec 09, considering the applicant retired on 1 Nov 2010; he does not meet the one year ADSC requirement to qualify for the TEB. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and...

  • AF | BCMR | CY2013 | BC 2013 01703

    Original file (BC 2013 01703.txt) Auto-classification: Denied

    He would have transferred his MGIB benefits to the Post-9/11 Bill if he would have known that MGIB transferability to dependents went away and/or that his ADSC would have been waived if he transferred to the Post-9/11 GI Bill. He was not provided the proper information pertaining to the GI Bill benefits or transferring his education benefits to the Post-9/11 GI Bill. While the applicant contends he was unaware that he could not transfer the Montgomery GI Bill (MGIB) (Chapter 30) to his...

  • 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. The complete AF/A1PA evaluation is at...