RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01847
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His remaining active duty service commitment (ADSC) for the
Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be
waived.
________________________________________________________________
APPLICANT CONTENDS THAT:
He transferred only one year of eligibility under the Post 9/11
GI Bill program to his daughter and she used it. Therefore, he
would like to have the last nine months of his TEB-related ADSC
waived.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of major (O-4).
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 4 Sep 09, the applicant 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.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility, which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
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. The member previously used
24 months of eligibility under the Montgomery GI Bill, then
converted to the Post 9/11 GI Bill. The applicant applied for
the Post 9/11 GI Bill TEB on 31 Aug 09. He signed the TEB SOU
on 4 Sep 09 and agreed to the obligated service required to
participate in the TEB program. The applicant transferred
12 months of eligibility to his dependent, who used all
12 months that were transferred. He has served three years of
his four year commitment and requests a waiver for the remaining
months so he can retire. AFI 36-2306, Voluntary Education,
Paragraph A9.18.8.5. states If a member transferring
entitlement fails to complete the service agreed to by the
member under paragraph A10.18.10.1 in accordance with the terms
of the agreement of the member under that paragraph, the amount
of any transferred entitlement that is used by a dependent as of
the date of such failure shall be treated as an overpayment of
educational assistance and will be subject to collection by the
Department of Veteran Affairs.
The complete AFPC/DPSIT evaluation, with attachment is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 3 Aug 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 opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its 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-2012-01847 in Executive Session on 8 Jan 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 9 Apr 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 17 Jul 12.
Exhibit D. Letter, SAF/MRBR, dated 3 Aug 12.
Panel Chair
AF | BCMR | CY2013 | BC 2013 02875
The Post-9/11 GI Bill TEB requires: 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, and: * Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. As of this date, no response has been received by this office (Exhibit C). ...
AF | BCMR | CY2012 | BC-2012-00338
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00338 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to apply to transfer his Post 9/11 GI Bill benefits to his dependents with an effective date of January 2010 to avoid incurring an additional active duty service commitment (ADSC). The remaining relevant facts pertaining to this...
AF | BCMR | CY2013 | BC 2013 04298
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04928 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents on 17 Aug 11. He should be granted the 17 Aug 11 TEB transfer date because he met the requirements by signing the AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of...
AF | BCMR | CY2011 | BC-2011-05053
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...
AF | BCMR | CY2013 | BC 2013 04771
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 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 pursuant to Service regulations (Title 38 USC, Chapter 33, § 3319(b)(1)). If you do not receive...
AF | BCMR | CY2013 | BC 2013 02517
________________________________________________________________ APPLICANT CONTENDS THAT: He registered for the Post 9/11 GI Bill and Transfer of Education Benefits (TEB) in Nov 2009 but unfortunately, was not aware he was required to sign a Statement of Understanding (SOU) concurring with the 4 year Active Duty Service Commitment (ADSC) required for TEB. 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...
AF | BCMR | CY2014 | BC 2014 02823
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02823 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her 11 Mar 11 application for transfer of her Post-9/11 GI Bill Educational Benefits to her dependents be approved with an Active Duty Service Commitment (ADSC) date of 10 May 15. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial as there is no evidence the applicant signed the SOU in Mar 11. THE BOARD DETERMINES...
AF | BCMR | CY2013 | BC 2013 03973
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03973 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) for transfer of his Post-9/11 GI Bill Educational benefits to his dependents be corrected to 9 Apr 2018 [sic]. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or...
AF | BCMR | CY2013 | BC 2013 03671
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03671 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The effective date of his Post-9/11 Transfer of Educational Benefits (TEB) election and his associated four-year active duty service commitment (ADSC) begin on 16 Mar 10. Had the applicant completed his election to transfer his Post-9/11 GI Bill...
AF | BCMR | CY2013 | BC 2013 04592
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04592 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His active duty service commitment (ADSC) for his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be changed to 21 Apr 11, instead of 30 Apr 15. On 20 May 13, more than two years after extending his enlistment for TEB, AFPC notified him that the TEB transfer did not occur because he did not sign the...