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
3
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