RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01105
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her Active Duty Service Commitment (ADSC) date, based on her
Transfer of Education Benefits (TEB), be adjusted to match her
original retirement eligibility date of September 2014.
2. She be allowed to transfer her Post 9/11 GI Bill benefits to
her dependent with an effective date of 20 September 2009.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In August 2009, the Education Center on Bolling AFB briefed that
active duty members may only transfer Post 9/11 GI Bill benefits
to dependents. In accordance with DVA instruction, said benefits
may be assigned to any person(s) associated with a members DEERS
record, regardless of military dependency status. The Education
Center recognized their error and recommended that she petition
for a waiver. Had she the correct information, she would have
initiated the TEB in September 2009, incurring no additional
service.
In support of her request, the applicant submits a personal
statement and copies of a 2009 Bolling AFB Education Center
briefing.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on extended active duty in the
grade of lieutenant colonel. MilPDS reflects her ADSC as
17 January 2015.
On 18 January 2011, the applicant applied to transfer benefits to
her son and the application was approved with a service
obligation end date of 17 January 2015.
The remaining relevant facts pertaining to this application,
extracted from the applicants military personnel records, are
contained in the letter prepared by the appropriate office of the
Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
USAF/A1PA recommends approval. A1PA states it is reasonable to
believe the briefer provided erroneous information to the
applicant during the 12 August 2009 briefing. If the Board finds
there is sufficient evidence the applicant did not receive
accurate counseling, the Air Force has the technical/operational
capability to adjust the applicants TEB Web Application Military
Service Obligation End Date and associated Military Personnel
Data System (MilPDS) ADSC to 19 September 2013, which is when her
ADSC would have expired had she transferred education benefits on
the childs date of birth. (NOTE: the applicant requested her
ADSC be adjusted to match her September 2014 retirement
eligibility date; however, her ADSC would have only run until
2013 had she transferred benefits when the baby was born).
The A1PA complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 13 May 2011, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
C). 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. Based on the
determination by A1PA that it is reasonable the applicant was
miscounseled regarding the transfer of her 9/11 GI Bill benefits,
we agree with their recommendation to grant the requested relief.
Accordingly, we recommend the applicants records be corrected as
indicated below.
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 issues involved.
Therefore, the request for a hearing is not favorably considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. On 20 September 2009, she elected to transfer his Post
9/11 GI Bill Educational Benefits.
b. Her active duty service commitment date (ADSC) reflect
19 September 2013 rather than 17 January 2015.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01005 in Executive Session on 10 November 2011,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2011-01005 was considered:
Exhibit A. DD Form 149, dated 23 February 2011, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, USAF/A1PA, dated 27 April 2011.
Exhibit D. Letter, SAF/MRBR, dated 6 May 2011.
Panel Chair
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