RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01847 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His remaining active duty service commitment (ADSC) for the 
Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be 
waived. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He transferred only one year of eligibility under the Post 9/11 
GI Bill program to his daughter and she used it. Therefore, he 
would like to have the last nine months of his TEB-related ADSC 
waived. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving in the Regular Air Force in 
the grade of major (O-4). 

 

Post 9/11 GI Bill: Any member of the Armed Forces, active duty 
or Selected Reserve, officer or enlisted, on or after 1 Aug 09, 
who is eligible for the Post-9/11 GI Bill, has at least six 
years of service in the Armed Forces on the date of election, 
and agrees to serve a specified additional period in the Armed 
Forces from the date of election (if applicable), may transfer 
unused Post 9/11 benefits to their dependents 

 

On 4 Sep 09, the applicant signed the Post 9/11 GI Bill Transfer 
of Educational Benefits Statement of Understanding (SOU), which 
states “I will incur a service obligation of 4 years and an 
Active Duty Service Commitment (ADSC) will be updated in my 
records effective from the date of application in the Defense 
Manpower Data Center (DMDC) Transfer of Education Benefits (TEB) 
website.” 

 


The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is included at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial of the applicant’s request related 
to his Post 9/11 GI Bill related ADSC, indicating there is no 
evidence of an error or injustice. The member previously used 
24 months of eligibility under the Montgomery GI Bill, then 
converted to the Post 9/11 GI Bill. The applicant applied for 
the Post 9/11 GI Bill TEB on 31 Aug 09. He signed the TEB SOU 
on 4 Sep 09 and agreed to the obligated service required to 
participate in the TEB program. The applicant transferred 
12 months of eligibility to his dependent, who used all 
12 months that were transferred. He has served three years of 
his four year commitment and requests a waiver for the remaining 
months so he can retire. AFI 36-2306, Voluntary Education, 
Paragraph A9.18.8.5. states “If a member transferring 
entitlement fails to complete the service agreed to by the 
member under paragraph A10.18.10.1 in accordance with the terms 
of the agreement of the member under that paragraph, the amount 
of any transferred entitlement that is used by a dependent as of 
the date of such failure shall be treated as an overpayment of 
educational assistance and will be subject to collection by the 
Department of Veteran Affairs.” 

 

The complete AFPC/DPSIT evaluation, with attachment is at 
Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 3 Aug 12 for review and comment within 30 days. As 
of this date, no response has been received by this office 
(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 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 office of primary responsibility 


(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 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-2012-01847 in Executive Session on 8 Jan 12, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Forms 149, dated 9 Apr 12, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 17 Jul 12. 

 Exhibit D. Letter, SAF/MRBR, dated 3 Aug 12. 

 

 

 

 

 

 Panel Chair