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AF | BCMR | CY2012 | BC-2012-00761
Original file (BC-2012-00761.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-00761 
COUNSEL:  NONE 
HEARING DESIRED: YES 

IN THE MATTER OF: 
   
   
 
    
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His  Post-9/11  GI  Bill  related  Active  Duty  Service  Commitment 
(ADSC) be removed. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
His  request  to  waive  his  ADSC  of  2  Feb  10  would  allow  him  to 
retire after completing his current ADSC, which expires on 30 Nov 
12.  He revoked his Post-9/11 GI Bill transfer to his daughter; 
his daughter is eight years old and has not used any portion of 
the education benefit.  He has not entered into the new ADSC and 
is aware of the effects a waiver of his ADSC has on the Post-9/11 
GI Bill transferability option. 
 
In support of his request, the applicant provides a copy of his 
letter to AFPC/DPSOR and a copy of his personal data sheet. 
 
His complete submission, with attachments, is at Exhibit A.  
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The relevant facts pertaining to this application are contained 
in  the  letter  prepared  by  the  appropriate  office  of  the  Air 
Force, which is at Exhibit B. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIT  recommends  denial.    Post  9/11  GI  Bill,  Chapter  33, 
became  effective  1  Aug  09  based  on  Post  9/11  Veteran  Education 
Act of 2008.  The Public Law states in part, that “an individual 
may transfer such entitlement only while serving as a member of 
the Armed Forces when the transfer is executed.”  Articles were 
published  that  explained  the  program  benefits  and  requirements.  
This  communication  plan  was  carefully  implemented  because  there 
is no provision in the law or DoD policy for a waiver if a member 
retires  without  transferring  the  benefits.    The  opportunity  to 
 
 

transfer  is  not  an  entitlement  and  is  in  fact  intended  as  a 
retention tool in exchange for additional service.  Every effort 
was  made,  even  before  the  program  became  available,  to  convey 
information to eligible members. 
 
The Air Force did not engage in a Service-wide effort to seek out 
members  who  were  already  on  terminal  leave,  or  who  had  already 
completed  their  pre-separation  counseling,  in  order  to  provide 
them with additional counseling on the Post-9/11 GI Bill. 
 
Based  on  the  information  reported  in  the  Transfer  of  Education 
Benefits (TEB) and counseling notes in the Right Now Technology 
(RNT) by the Total Force Service Center (TFSC) personnel, he was 
provided  with  instructions/requirements  that  he  needed  to 
accomplish  prior  to  his  TEB  application  being  approved.    The 
applicant signed a Statement of Understanding (SOU) agreeing to 
the obligated service required to participate in the transfer of 
benefit option under the Post-9/11 GI Bill.  He signed the SOU 
and his TEB benefits were approved on 7 Jan 11.  Additionally, 
the  SOU  clearly  states  that  the  member  will  incur  a  service 
obligation  period  of  four  years.    The  member’s  ADSC  waiver 
request is not in the best interest of the Air Force. 
 
The complete DPSIT evaluation is at Exhibit B. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
The  applicant  received  an  assignment  to  Holloman  AFB,  NM; 
however, he is currently fighting for custody of his daughter and 
the assignment comes at an inopportune time.  It is in the best 
interest  of  the  Air  Force  and  his  daughter  to  approve  his 
request,  which  will  allow  him  to  retire  upon  completion  of 
20 years  of  service.    It  also  helps  reduce  the  overall  end-
strength of the Air Force.  His commander recommends approval. 
 
The  applicant’s  complete  submission,  with  attachment,  is  at 
Exhibit  
 
_________________________________________________________________ 
 
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 

 

2 

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.  While we note the 
applicant’s  contentions  and  the  support  provided  by  his 
commander;  however,  he  has  not  provided  sufficient  evidence  to 
support that he was treated any differently than other members in 
a  similar  situation.   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 issues 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-2012-00761 in Executive Session on 13 Sep 12, under the 
provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 12 Mar 12, w/atchs. 
    Exhibit B.  Letter, AFPC/DPSIT, dated 20 Mar 12. 
    Exhibit C.  Letter, SAF/MRBR, dated 27 Mar 12. 
    Exhibit D.  Letter, Applicant, dated 16 Apr 12. 
 
 
 
 
                                    
                                   Panel Chair 
 

  Panel Chair 
  Member 
  Member 

 

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