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 applicants 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 applicants 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 applicants 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
applicants 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. Applicants Master Personnel Records.
Exhibit C. Letter, AF/A1PA, dated 15 Apr 11.
Exhibit D. Letter, SAF/MRBR, dated 29 Apr 11.
Panel Chair
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