RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02626

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) of 23 Dec 16 be removed.

APPLICANT CONTENDS THAT:

He immediately revoked his Post-9/11 GI Bill benefits after approval and the benefit was never utilized by his family member.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 13 Sep 05.

On 28 Dec 12, the applicant signed a SOU acknowledging he would incur a 4-year service obligation effective from the date of application in the Defense Manpower Data Center (DMDC) TEB website.

According to a letter, dated 18 Jun 15, provided by the applicant, on 7 Jan 13, his application was approved with a service obligation end date of 23 Dec 16.

On 19 May 16, the applicant received an honorable discharge, and was credited with 10 years, 8 months, and 7 days of active service. 

On 20 May 16, the applicant was appointed in the Regular Air Force in the grade of second lieutenant (2Lt, O-1).

Transferability of Unused Education Benefits to Family Members. Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 Aug 09 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following:

Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or

Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application, is precluded by either Air Force policy (e.g., High Year Tenure [HYT]), DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice.  On 3 May 13, the applicant revoked the transferred benefits.  The applicant revoking his Post 9-11 GI Bill benefit does not automatically revoke the ADSC.  When the applicant applied for TEB in MilConnect, the Submit Transfer Request form included a Message from Your Service Component which states:  “DO NOT apply and obtain approval for TEB unless you are willing to complete the Active Duty Service Commitment (ADSC).  Revoking transferred benefits will NOT revoke the ADSC, even if benefits have not been used.”  

The reasons an ADSC/Obligation End Date can be considered fulfilled or removed are as follows:

•	Death of the member
•	Disability, in conjunction with retirement/separation from the Air Force
•	Hardship, in conjunction with retirement/separation, approved by the SECAF
•	Discharge from a Reduction in Force
•	Discharge from a Force Shaping action

A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 Nov 15 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 opinion and recommendation of the Air Force 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 requested relief.

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-2015-02626 in Executive Session on 29 Sep 16 under the provisions of AFI 36-2603:

					 , Panel Chair
					  , Member
					, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 Jun 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 14 Jul 15, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 5 Nov 15.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings pertaining to AFBCMR Docket Number BC-2015-02626 in the above entitled matter.