RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-05053
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His official records be corrected to show he was eligible
and elected Career Status Bonus (CSB).
2. His active duty service commitment (ADSC) for the Post-9/11
GI Bill Transfer of Educational Benefits (TEB) be removed from
his records.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. He made a CSB election with the intention of rolling the
payments into his Thrift Savings Plan (TSP). His election was
never entered into the system, but his election is in the
Automated Records Management System (ARMS).
2. He elected the Post-9/11 GI Bill TEB, but was advised any
incurred ADSC would be waived. When his records were updated
with his new ADSC, he tried to revoke his election on-line the
day before his TEB approval letter was signed. Then he was told
if he adjusted his transfer to his dependents to equal zero
percent, the ADSC would automatically revert back to his prior
ADSC. When this didnt work, he was advised to apply for an
ADSC waiver at retirement.
In support of his request, he provides his CSB Notification
Memorandum and various e-mails concerning his attempt to
administratively resolve the CSB issue; the Department of
Defense notification of his approval for Post-9/11 GI Bill
benefits, and select communications with the Department of
Veterans Affairs and the Air Force Personnel Center.
The applicants 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 (O-4).
On 3 Oct 08, the applicants commander or designated
representative notified him he was eligible to make a CSB
election and provided him a DD Form 2839, CAREER STATUS BONUS
(CSB) ELECTION. The applicant acknowledged receipt of the
action, indicating he understood he had until 15 Oct 08 to make
his election and return the DD Form 2839.
Post 9/11 GI Bill: 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 GI 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
On 18 Feb 11, the applicant acknowledged and electronically
signed the Post 9/11 GI Bill Transfer of Educational Benefits
Statement of Understanding (SOU), which states I will incur a
service obligation of 4 years and an Active Duty Service
Commitment (ADSC) will be updated in my records effective from
the date of application in the Defense Manpower Data Center
(DMDC) Transfer of Education Benefits (TEB) website.
On 18 Feb 11, the applicant also elected to transfer his
education benefits to his dependents, thereby incurring an ADSC
which extended his retirement eligibility date from Feb 13 to
Feb 15.
The remaining relevant facts pertaining to this application are
described in the letters prepared by the Air Force offices of
responsibility which are included at Exhibit C and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial of the applicants request
pertaining to the CSB, indicating there is no evidence of an
error or injustice. The applicant is requesting CSB election be
authorized and changed from Eligible, but did not elect CSB to
Eligible and elected CSB. There is a Notification of CSB
Redux Eligibility Memorandum for the member in ARMS; however,
there is no DD Form 2839, Career Status Bonus Election Form. By
initialing the notification memorandum the applicant indicated
he understood he had until 15 Oct 08 to make an election and
return the DD Form 2839 to his Commanders Support Staff. The
applicant did not return the DD Form 2839, therefore, he is no
longer eligible for CSB.
The complete AFPC/DPSOR evaluation is at Exhibit C.
AFPC/DPSIT recommends denial of the applicants request related
to his Post 9/11 GI Bill related ADSC, indicating there is no
evidence of an error or injustice. Based upon the information
reported in the TEB and counseling notes in Right Now Technology
(RNT) by Total Force Service Center (TFSC) personnel, the
applicant was provided with instructions/requirements that he
needed to accomplish prior to his TEB application being
approved. Specifically, he needed to sign a SOU agreeing to the
obligated service required to participate in the TEB option
under the Post-9/11 GI Bill. In addition, when applying for TEB
on the DMDC website, the member is clearly advised not to elect
to transfer their benefits if they are not willing to complete
the requisite service obligation and that revocation of the
transfer does not automatically cancel the associated ADSC, even
if the benefits have not been used. The applicant initiated the
process of TEB transfer by going onto the TEB website as is
noted on the email that he received and incurred the appropriate
ADSC. He also signed the SOU, which clearly indicated that he
would incur a service obligation of four years, and his TEB
benefits were approved.
The complete AFPC/DPSIT evaluation, with attachments is at
Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 10 Feb 12 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility (OPR) and adopt their rationale as the basis for
our conclusion the applicant has not been the victim of an error
of injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
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 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-2011-05053 in Executive Session on 13 Sep 12, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 7 Nov 11 and 4 Jan 12,
w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 24 Jan 12.
Exhibit D. Letter, AFPC/DPSIT, dated 31 Jan 12, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 10 Feb 12.
Panel Chair
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