RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02712 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His transfer of education benefits (TEB) and active duty service commitment (ADSC) for the TEB be revoked. _________________________________________________________________ APPLICANT CONTENDS THAT: He thought if he revoked the TEB from his dependents he would not have a service commitment. He received inadequate counseling and information regarding the TEB and the penalties regarding the program. The guidance and education for this program is vague and confusing. When he enrolled in the Post 9/11 GI Bill program, he was told the program would take the place of the Montgomery GI Bill and that his enrollment was permanent. He recently learned that an active duty service member’s enrollment in the Post 9/11 GI Bill itself does not incur an ADSC; it is simply the TEB portion that initiates the ADSC. His challenge stems from not being informed of that. Although he has no intent of using the TEB, his ADSC cannot be removed. AFI 36-2306, Voluntary Education Program, and Personnel Services Delivery Guide (3 Feb 10) regulate that comprehensive counseling at group and individual venues should be accomplished to inform Airmen about the program details. In support of his request, the applicant provides a personal statement, copies of various Department of Defense and Air Force Instructions, Manuals, and Guides pertaining to the Post 9/11 GI Bill program, and an ADSC Waiver Matrix. 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. On 1 Jul 10, the applicant signed a Post 9/11 GI Bill Transfer of Educational Benefits Statement of Understanding, whereby he acknowledged and agreed to a service obligation associated with the TEB. The Post 9/11 GI Bill, effective on 1 Aug 09, came with a provision that allows the service Secretaries to promote recruitment and retention of members if the Armed Forces, the authority for a service member to transfer unused Post 9/11 GI Bill benefits to eligible dependents (38 United States Code (U.S.C.), Chapter 33, Section 3319 (c)). The service member must have served six years and agree to remain in the Armed Forces for at least four more years (38 U.S.C., Chapter 33, Section 3319(b)(1), Department of Defense Directive-Type Memorandum (DTM) 09-003, 3.a.(1), and AFI 36-2306 AFGM1, 18a(2)). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states that Title 38 U.S.C., Chapter 33, does not contain a provision that would allow an individual to request revocation of a service obligation for the election of the transfer of benefits. The law, however, allows a service member to serve their obligation in the Armed Forces. DPSIT states, the applicant elected to participate in the Post 9/11 GI Bill transfer option on 30 Jun 10. Before an individual submits a TEB request, they are advised to seek counseling. To participate in the Post 9/11 GI Bill transfer of benefits, an individual on their own accord accesses the TEB on-line application and agrees to all the conditions stipulated. 38 U.S.C., Chapter 33 has no provisions granting a service member that elects to participate in the transfer option of the Post 9/11 GI Bill the option to opt out of their transfer election. The applicant does however; control the distribution of the Post 9/11 GI Bill benefits. At anytime, the applicant can revoke and/or reallocate benefits to his dependents since the approved recipient’s record is established at the Department of Veterans Affairs (VA). The fact that the applicant has elected to revoke the benefits from all his dependents after having received an approval to transfer the benefits does not eliminate the ADSC/service obligation of 29 Jun 14, nor does it erase the record that was electronically built in the VA database upon approval. If the applicant does not complete the obligated service for the transfer of benefits, the appropriate separation code will be reported to the VA so that no future Post 9/11 GI Bill transferred benefits are awarded and if benefits have been used, the VA could treat such failure as an overpayment (38 U.S.C., Chapter 33, Section 3319(i)). The ADSC of 29 Jun 14 for the Post 9/11 GI Bill transfer was established on the requirements of the law requiring a service obligation to participate in the transfer of benefits under the Post 9/11 GI Bill. The complete DPSIT evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 16 Sep 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). _________________________________________________________________ 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 that the applicant has not been the victim of an error or injustice. Therefore, in the absence of 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 Docket Number BC-2011-02712 in Executive Session on 3 Apr 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Jul 11, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 31 Aug 11. Exhibit C. Letter, SAF/MRBR, dated 16 Sep 11. Panel Chair