RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00081 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) that was incurred as a result of the Post 9/11 GI Bill transfer of education benefits (TEB) to his dependent children be changed from 8 April 2014 to 19 August 2013. _________________________________________________________________ APPLICANT CONTENDS THAT: He did not realize that applying for the Post 9/11 GI Bill and TEB were two separate and distinct actions. He applied for the Post 9/11 GI Bill on 19 June 2009 and received his certificate of eligibility on 19 August 2009. He did not receive the TEB instructions until he returned from deployment and back to duty in January 2010. As a result, he did not apply for TEB until 9 April 2010. He did not realize the “retainability clock” did not start until he actually applied to transfer benefits. Therefore, his ADSC was established as 8 April 2014 (four years from date of application). The applicant does not provide any evidence in support of his appeal. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of lieutenant colonel (O-5). On 9 April 2010, the applicant applied for TEB to his children by completing and signing the required Statement of Understanding. As a result, an ADSC with an expiration date of 8 April 2014 was generated. _________________________________________________________________ AIR FORCE EVALUATION: AF/A1PA recommends denial. A1PA states that the Department of Defense and Air Force guidance is clear on the retention requirements and that the commitment starts on the date the member requests TEB. Members who have more than six years service but are not yet eligible to retire must agree to serve four additional years in the Air Force from the date of the request, regardless of the months transferred. The applicant did not apply for TEB until 9 April 2010. As such, his ADSC is currently established as 8 April 2014 (four years from the date of application). A1PA indicates that if the Board wishes to grant relief, they could find the applicant did not receive adequate counseling about transfer rules and retainability requirements during his June to December 2009 combat-zone deployment in a non-Air Force unit. In this case, the Board could direct AFPC to correct the applicant’s military service obligation start date to as early as 1 August 2009, the effective date of the program, and change his ADSC accordingly. The complete AF/A1PA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: During his deployment to Afghanistan, there was no in-place counseling for the Post 9/11 GI Bill. In addition, he did not have access to his home station email account and very limited Internet access. He did what he thought was necessary based on the information available when he applied. He did not apply for the TEB until 9 April 2010, after he received an email directing him to set-up the transfer of eligibility. Had he not received this email reminder, he may still not have set up the transfer to his dependants. He left Afghanistan believing he had completed all the necessary documents to obtain these benefits with a four- year ADSC starting in August 2009. The applicant’s complete rebuttal is at Exhibit E. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting relief. After reviewing the documentation submitted, the Board believes the applicant's ADSC should be changed. We note the applicant applied for Post 9/11 GI Bill benefits on 19 June 2009, just prior to his combat-zone deployment in a non-Air Force unit; and, that he asserts he did not receive TEB instructions until he returned from his deployment and to duty in January 2010. He also contends he did not realize that he had to make a separate election for TEB and that the four-year ADSC commitment did not start until he made that election. Based on the aforementioned, it appears that through no fault of his own, the applicant did not receive adequate counseling about the TEB rules and retainability requirements while he was deployed from June through December 2009. Therefore, we elect to resolve any doubt in this matter in behalf of the applicant and recommend the records be corrected in the following manner. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that his four-year ADSC he incurred for electing Post 9/11 GI Bill TEB was established as 19 August 2013. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00081 in Executive Session on 29 July 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC- 2011-00081 was considered: Exhibit A. DD Form 149, dated 3 Jan 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AF/A1PA, dated 28 Feb 11. Exhibit D. Letter, SAF/MRBR, dated 4 Mar 11. Exhibit E. Letter, Applicant, not dated. Panel Chair