RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04461 

COUNSEL: NO 

 HEARING DESIRED: YES 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Active Duty Service Commitment (ADSC) date of 31 Jan 15 
related to his Post-9/11 GI Bill be removed from his record. 

 

_______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He believes his record is in error and unjust because he signed 
for the GI Bill transfer benefit based on erroneous information 
that he was provided at the time. He was told that if he changed 
his mind with regards to transferring his education benefits that 
he could rescind his option for using the GI Bill for his 
dependents anytime before he used the benefits. He revoked his 
dependents from using any of his GI Bill benefits and has not 
used any of the benefits. The ADSC seriously jeopardizes his 
retirement in 2013. The ADSC would also push his retirement 
benefit from 50 percent to 55 percent if he serves until 2015. 

 

He believes the erroneous information came from phone 
conversations with the Veterans Affairs (VA) offices and as such 
he does not have direct evidence to provide in support of his 
request. 

 

In support of the applicant’s request, he submits documentation 
from the Navy Times website. 

 

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. 

 

The relevant facts pertaining to this application are contained 
in the letters prepared by the appropriate offices of the Air 
Force is at Exhibit B. 

 

_________________________________________________________________ 


AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. Although the applicant states that 
he was provided erroneous, inaccurate, and misleading information 
regarding rescinding GI Bill benefits on the Transferability of 
Educational Benefits (TEB), DPSIT states that this is not a true 
statement. When a member applies for TEB, the first thing that 
comes up on the website is the Submit Transfer Request, under the 
member’s personal information is a Message from Your Service 
Component that states, “Please note the following: (1) Do not 
transfer benefits unless you are willing to complete the service 
obligation. While you may revoke your transfer at any time, a 
revocation DOES NOT automatically cancel the associated Active 
Duty Service Commitment (ADSC), even if benefits have not been 
used. (2) The AFPFC will NOT prorate ADSCs for members who have 
used any part of their VA educational benefits.” 

 

On 21 Oct 10, the applicant initiated the process of TEB transfer 
by going onto the TEB website as noted on the email that was 
received by member. On 12 Nov 10, the applicant failed to sign 
the statement of understanding (SOU) and his TEB benefits 
expired. The applicant tried on other occasions to transfer his 
benefits; however, he failed to sign the SOU and his applications 
expired. However, on 19 Jan 11, the applicant finally signed his 
SOU, that clearly stated he would incur a service obligation of 
four years. Therefore, after going through the process “three” 
times, one would think that he would understand the process and 
the obligations that go along with the TEB. 

 

With regard to the applicant’s statement that he visited many 
websites, all of which are VA sites; the site does not state 
anywhere that an ADSC is incurred. DPSIT agrees that the VA does 
not have anything to do with what each of the services require 
concerning TEB. The ADSC requirement is left up to each Service. 

 

The AFPC/DPSIT complete evaluation, with attachments, is at 
Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

1. The AFPC/DPSIT evaluation states that his request for 
correction be denied because the fact that he was provided 
erroneous and inaccurate information is false; however, this is 
not the case. When he contemplated deciding whether or not to 
transfer his educational benefits, he made numerous phone calls 
to his base education office and to the VA benefits office. When 
he decided that he wanted to cancel his transfer of benefits, he 
was told that the benefits could be revoked, but not canceled. 
The TEB website mentions that “a revocation does not 
automatically cancel the associated Active Duty Service 
Commitment (ADSC), even if benefits have not been used.” It was 


his understanding that the proper forum to have his ADSC canceled 
was through the AFBCMR and he finds the questioning of his 
statements on his DD Form 149, Application for Correction of 
Military Record Under the Provisions of Title 10 U.S. Code, 
Section 1552, to be offensive. 

 

2. His application for TEB was filled out on three different 
occasions. He argues that going through the process three times 
shows his hesitance to sign the documents until he had more 
questions answered. However, unfortunately these questions were 
not answered correctly and he entered into the agreement based on 
faulty information. 

 

The applicant’s complete submission is at 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. 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. We note the 
applicant’s assertion that he entered into the ADSC commitment 
based on faulty information; however, we do not find the evidence 
presented sufficient to conclude that he received the ADSC in 
error or that it causes him to be the victim of an injustice. 
Additionally, we re not persuaded he has been treated differently 
than other members in a similar situation. 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-2011-04461 in Executive Session on 15 May 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 26 Oct 11, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIT, dated 30 Nov 11. 

 Exhibit C. Letter, SAF/MRBR, dated 9 Dec 11. 

 Exhibit D. Letter, Applicant, dated 30 Dec 11. 

 

 Panel Chair