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