RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-05053 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His official records be corrected to show he was eligible and elected Career Status Bonus (CSB). 2. His active duty service commitment (ADSC) for the Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be removed from his records. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. He made a CSB election with the intention of rolling the payments into his Thrift Savings Plan (TSP). His election was never entered into the system, but his election is in the Automated Records Management System (ARMS). 2. He elected the Post-9/11 GI Bill TEB, but was advised any incurred ADSC would be waived. When his records were updated with his new ADSC, he tried to revoke his election on-line the day before his TEB approval letter was signed. Then he was told if he adjusted his transfer to his dependents to equal zero percent, the ADSC would automatically revert back to his prior ADSC. When this didn’t work, he was advised to apply for an ADSC waiver at retirement. In support of his request, he provides his CSB Notification Memorandum and various e-mails concerning his attempt to administratively resolve the CSB issue; the Department of Defense notification of his approval for Post-9/11 GI Bill benefits, and select communications with the Department of Veterans Affairs and the Air Force Personnel Center. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of major (O-4). On 3 Oct 08, the applicant’s commander or designated representative notified him he was eligible to make a CSB election and provided him a DD Form 2839, CAREER STATUS BONUS (CSB) ELECTION. The applicant acknowledged receipt of the action, indicating he understood he had until 15 Oct 08 to make his election and return the DD Form 2839. 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 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.” On 18 Feb 11, the applicant also elected to transfer his education benefits to his dependents, thereby incurring an ADSC which extended his retirement eligibility date from Feb 13 to Feb 15. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of responsibility which are included at Exhibit C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial of the applicant’s request pertaining to the CSB, indicating there is no evidence of an error or injustice. The applicant is requesting CSB election be authorized and changed from “Eligible, but did not elect CSB” to “Eligible and elected CSB.” There is a Notification of CSB Redux Eligibility Memorandum for the member in ARMS; however, there is no DD Form 2839, Career Status Bonus Election Form. By initialing the notification memorandum the applicant indicated he understood he had until 15 Oct 08 to make an election and return the DD Form 2839 to his Commander’s Support Staff. The applicant did not return the DD Form 2839, therefore, he is no longer eligible for CSB. The complete AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSIT recommends denial of the applicant’s request related to his Post 9/11 GI Bill related ADSC, indicating there is no evidence of an error or injustice. Based upon 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 with instructions/requirements that he needed to accomplish prior to his TEB application being approved. Specifically, he needed to sign a SOU agreeing to the obligated service required to participate in the TEB option under the Post-9/11 GI Bill. In addition, when applying for TEB on the DMDC website, the member is clearly advised not to elect to transfer their benefits if they are not willing to complete the requisite service obligation and that revocation of the transfer does not automatically cancel the associated ADSC, even if the benefits have not been used. The applicant initiated the process of TEB transfer by going onto the TEB website as is noted on the email that he received and incurred the appropriate ADSC. He also signed the SOU, which clearly indicated that he would incur a service obligation of four years, and his TEB benefits were approved. The complete AFPC/DPSIT evaluation, with attachments is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 10 Feb 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 applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their 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-2011-05053 in Executive Session on 13 Sep 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 7 Nov 11 and 4 Jan 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 24 Jan 12. Exhibit D. Letter, AFPC/DPSIT, dated 31 Jan 12, w/atchs. Exhibit E. Letter, SAF/MRBR, dated 10 Feb 12.