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AF | BCMR | CY2012 | BC-2012-02136
Original file (BC-2012-02136.txt) Auto-classification: Denied
 

 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02136 

 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His active duty service commitment (ADSC) incurred as a result 
of his election to Transfer his Educational Benefits (TEB) under 
the provisions of the Post 9/11 GI Bill be removed. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He requested TEB of his Post 9/11 GI Bill and incurred a four 
year ADSC to 15 Feb 16. His circumstances have changed and he 
would like to retire before this date. Neither he nor any of 
his dependents have used the benefits and he has made other 
arrangements for funding his family’s education and intends to 
use the benefits for himself. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant has an ADSC of 15 Feb 16 which he incurred 
following his election for the TEB. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial, stating, in part, based on 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 all 
instructions/requirements needed prior to the TEB application 
approval; specifically, the requirement to sign a Statement of 
Understanding (SOU) agreeing to the obligated service incurred 
for participating in the transfer of benefits option under the 
Post-9/11 GI Bill program. 

 

When a member applies for TEB on the Defense Manpower Data 
Center (DMDC) website, upon submitting the request a message 


under the members personal information 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 ADSC, even if benefits have not been used; 
(2) AFPC WILL NOT prorate ADSCs for members who have used any 
part of their VA educational benefits." 

 

The applicant signed the Statement of Understanding (SOU) and 
his TEB benefits were approved on 21 Feb 12. On the SOU Form 
4406, it clearly states that the member will incur a service 
obligation period of four years. 

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

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant notes he is aware revoking his TEB does not 
necessarily relieve him of the ADSC incurred by the TEB. He is 
prepared to serve with pleasure, the full term of his service 
obligation; however, he wants to make the Board aware he has 
indeed revoked his TEB in full, and neither he nor any of his 
dependents have utilized any benefits from the Post 9/11 GI 
Bill. He respectfully requests the Board consider this fact 
when reviewing his request. 

 

The applicant’s complete response 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 the applicant has not 
been the victim of an error or injustice. While the Board notes 
the applicant states he has not used any of the benefits, he was 
clearly placed on notice in the SOU he signed that revocation of 
the TEB would not automatically relieve him of the associated 
ADSC. He has not provided sufficient evidence of error or 
injustice that would warrant approving his request. 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-2012-02136 in Executive Session on 8 January 2013, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 14 May 12. 

 Exhibit B. Letter, AFPC/DPSIT, dated 31 May 12, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 19 Jun 12. 

 Exhibit D. Letter, Applicant, dated 28 Jun 12. 

 

 

 

 

 Panel Chair 



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