RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02712 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His transfer of education benefits (TEB) and active duty service 
commitment (ADSC) for the TEB be revoked. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He thought if he revoked the TEB from his dependents he would not 
have a service commitment. 

 

He received inadequate counseling and information regarding the 
TEB and the penalties regarding the program. The guidance and 
education for this program is vague and confusing. 

 

When he enrolled in the Post 9/11 GI Bill program, he was told 
the program would take the place of the Montgomery GI Bill and 
that his enrollment was permanent. He recently learned that an 
active duty service member’s enrollment in the Post 9/11 GI Bill 
itself does not incur an ADSC; it is simply the TEB portion that 
initiates the ADSC. His challenge stems from not being informed 
of that. Although he has no intent of using the TEB, his ADSC 
cannot be removed. 

 

AFI 36-2306, Voluntary Education Program, and Personnel Services 
Delivery Guide (3 Feb 10) regulate that comprehensive counseling 
at group and individual venues should be accomplished to inform 
Airmen about the program details. 

 

In support of his request, the applicant provides a personal 
statement, copies of various Department of Defense and Air Force 
Instructions, Manuals, and Guides pertaining to the Post 9/11 GI 
Bill program, and an ADSC Waiver Matrix. 

 

The applicant's 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 major. 

 

On 1 Jul 10, the applicant signed a Post 9/11 GI Bill Transfer of 
Educational Benefits Statement of Understanding, whereby he 


acknowledged and agreed to a service obligation associated with 
the TEB. 

 

The Post 9/11 GI Bill, effective on 1 Aug 09, came with a 
provision that allows the service Secretaries to promote 
recruitment and retention of members if the Armed Forces, the 
authority for a service member to transfer unused Post 9/11 GI 
Bill benefits to eligible dependents (38 United States Code 
(U.S.C.), Chapter 33, Section 3319 (c)). The service member must 
have served six years and agree to remain in the Armed Forces for 
at least four more years (38 U.S.C., Chapter 33, Section 
3319(b)(1), Department of Defense Directive-Type Memorandum (DTM) 
09-003, 3.a.(1), and AFI 36-2306 AFGM1, 18a(2)). 

 

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 B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT states that Title 38 U.S.C., 
Chapter 33, does not contain a provision that would allow an 
individual to request revocation of a service obligation for the 
election of the transfer of benefits. The law, however, allows a 
service member to serve their obligation in the Armed Forces. 

 

DPSIT states, the applicant elected to participate in the Post 
9/11 GI Bill transfer option on 30 Jun 10. Before an individual 
submits a TEB request, they are advised to seek counseling. To 
participate in the Post 9/11 GI Bill transfer of benefits, an 
individual on their own accord accesses the TEB on-line 
application and agrees to all the conditions stipulated. 

 

38 U.S.C., Chapter 33 has no provisions granting a service member 
that elects to participate in the transfer option of the Post 
9/11 GI Bill the option to opt out of their transfer election. 
The applicant does however; control the distribution of the Post 
9/11 GI Bill benefits. At anytime, the applicant can revoke 
and/or reallocate benefits to his dependents since the approved 
recipient’s record is established at the Department of Veterans 
Affairs (VA). 

 

The fact that the applicant has elected to revoke the benefits 
from all his dependents after having received an approval to 
transfer the benefits does not eliminate the ADSC/service 
obligation of 29 Jun 14, nor does it erase the record that was 
electronically built in the VA database upon approval. 

 

If the applicant does not complete the obligated service for the 
transfer of benefits, the appropriate separation code will be 
reported to the VA so that no future Post 9/11 GI Bill 
transferred benefits are awarded and if benefits have been used, 
the VA could treat such failure as an overpayment (38 U.S.C., 
Chapter 33, Section 3319(i)). The ADSC of 29 Jun 14 for the Post 


9/11 GI Bill transfer was established on the requirements of the 
law requiring a service obligation to participate in the transfer 
of benefits under the Post 9/11 GI Bill. 

 

The complete DPSIT evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 16 Sep 11, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. To date, a 
response has not been received (Exhibit C). 

 

_________________________________________________________________ 

 

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. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. Therefore, in the 
absence of 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 Docket Number 
BC-2011-02712 in Executive Session on 3 Apr 12, under the 
provisions of AFI 36-2603: 

 


 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

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

 Exhibit B. Letter, AFPC/DPSIT, dated 31 Aug 11. 

 Exhibit C. Letter, SAF/MRBR, dated 16 Sep 11. 

 

 

 

 

 Panel Chair