RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04461 COUNSEL: NO HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) date of 31 Jan 15 related to his Post-9/11 GI Bill be removed from his record. _______________________________________________________________ APPLICANT CONTENDS THAT: He believes his record is in error and unjust because he signed for the GI Bill transfer benefit based on erroneous information that he was provided at the time. He was told that if he changed his mind with regards to transferring his education benefits that he could rescind his option for using the GI Bill for his dependents anytime before he used the benefits. He revoked his dependents from using any of his GI Bill benefits and has not used any of the benefits. The ADSC seriously jeopardizes his retirement in 2013. The ADSC would also push his retirement benefit from 50 percent to 55 percent if he serves until 2015. He believes the erroneous information came from phone conversations with the Veterans Affairs (VA) offices and as such he does not have direct evidence to provide in support of his request. In support of the applicant’s request, he submits documentation from the Navy Times website. 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. The relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force is at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. Although the applicant states that he was provided erroneous, inaccurate, and misleading information regarding rescinding GI Bill benefits on the Transferability of Educational Benefits (TEB), DPSIT states that this is not a true statement. When a member applies for TEB, the first thing that comes up on the website is the Submit Transfer Request, under the member’s personal information is a Message from Your Service Component that 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 Active Duty Service Commitment (ADSC), even if benefits have not been used. (2) The AFPFC will NOT prorate ADSCs for members who have used any part of their VA educational benefits.” On 21 Oct 10, the applicant initiated the process of TEB transfer by going onto the TEB website as noted on the email that was received by member. On 12 Nov 10, the applicant failed to sign the statement of understanding (SOU) and his TEB benefits expired. The applicant tried on other occasions to transfer his benefits; however, he failed to sign the SOU and his applications expired. However, on 19 Jan 11, the applicant finally signed his SOU, that clearly stated he would incur a service obligation of four years. Therefore, after going through the process “three” times, one would think that he would understand the process and the obligations that go along with the TEB. With regard to the applicant’s statement that he visited many websites, all of which are VA sites; the site does not state anywhere that an ADSC is incurred. DPSIT agrees that the VA does not have anything to do with what each of the services require concerning TEB. The ADSC requirement is left up to each Service. The AFPC/DPSIT complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 1. The AFPC/DPSIT evaluation states that his request for correction be denied because the fact that he was provided erroneous and inaccurate information is false; however, this is not the case. When he contemplated deciding whether or not to transfer his educational benefits, he made numerous phone calls to his base education office and to the VA benefits office. When he decided that he wanted to cancel his transfer of benefits, he was told that the benefits could be revoked, but not canceled. The TEB website mentions that “a revocation does not automatically cancel the associated Active Duty Service Commitment (ADSC), even if benefits have not been used.” It was his understanding that the proper forum to have his ADSC canceled was through the AFBCMR and he finds the questioning of his statements on his DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10 U.S. Code, Section 1552, to be offensive. 2. His application for TEB was filled out on three different occasions. He argues that going through the process three times shows his hesitance to sign the documents until he had more questions answered. However, unfortunately these questions were not answered correctly and he entered into the agreement based on faulty information. The applicant’s complete submission 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 that the applicant has not been the victim of an error or injustice. We note the applicant’s assertion that he entered into the ADSC commitment based on faulty information; however, we do not find the evidence presented sufficient to conclude that he received the ADSC in error or that it causes him to be the victim of an injustice. Additionally, we re not persuaded he has been treated differently than other members in a similar situation. 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-2011-04461 in Executive Session on 15 May 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Oct 11, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 30 Nov 11. Exhibit C. Letter, SAF/MRBR, dated 9 Dec 11. Exhibit D. Letter, Applicant, dated 30 Dec 11.