RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00536 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His Post-9/11 GI Bill related Active Duty Service Commitment (ADSC) date be changed from 1 Sep 12 to 8 Dec 09. _________________________________________________________________ APPLICANT CONTENDS THAT: He filed an application for the Post-9/11 GI Bill on-line on 8 Dec 09 as he was preparing to deploy. He phoned the local Education and Veterans Affairs (VA) offices to assist him because the application was tedious, unclear and confusing. He has documents to prove when he applied for the Transfer of Education Benefits (TEB). While he was deployed his co-workers told him how to “trick the system” by putting in future dates for when the TEB would become effective. Afterwards, he checked his application and that is when he found his ADSC date had changed. Even though the application was accepted, the ADSC start date changed from the original date of application of 8 Dec 09 to 1 Sep 10 which gave him a new ADSC end date of 1 Sep 12. In support of his request, the applicant provides a personal statement and a copy of the Post 9-11 GI Bill Application Site Records. His 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 lieutenant colonel (0-5). Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after August 1, 2009, who is eligible for the Post-9/11 GI Bill, and: • Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. • Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or • Is or becomes retirement eligible during the period from August 1, 2009, through August 1, 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. • For those individuals eligible for retirement on August 1, 2009, no additional service is required. • For those individuals who have an approved retirement date after August 1, 2009, and before July 1, 2010, no additional service is required. • For those individuals eligible for retirement after August 1, 2009, and before August 1, 2010, 1 year of additional service after approval of transfer is required. • For those individuals eligible for retirement on or after August 1, 2010, and before August 1, 2011, 2 years of additional service after approval of transfer are required. • For those individuals eligible for retirement on or after August 1, 2011, and before August 1, 2012, 3 years of additional service after approval of transfer required. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAFA/A1PA recommends denial. Although the applicant states he contacted the Total Force Service Center (TFSC) in Dec 09 about the problems he was experiencing using the TEB web-based application, the documentation he provided does not show he informed the TFSC that he was having difficulty with the TEB and his TEB record shows no activity prior to his Aug 10 submission. Furthermore, he states that he may have inadvertently caused his application date to shift when he went in to “trick” the dates as recommended by his co-workers. However, the system does not permit users to backdate or otherwise “trick” the TEB. Therefore, A1PA has no basis to agree with his assertion. Additionally, A1PA notes that if the applicant desires to retire as soon as he completes 20 years of service, he may request an ADSC waiver. The complete A1PA evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 8 Apr 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 regarding his request to adjust his ADSC. After a thorough review of the evidence of record and applicant's submission, we do not find his uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice. Therefore, in the absence of persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2011-00536 in Executive Session on 18 Nov 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Feb 11, w/atchs. Exhibit B. Letter, HQ USAF/A1PA, dated 25 Mar 11. Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11. Panel Chair