RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04296 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) be adjusted to allow him to transfer his Post-9/11 GI Bill benefits to his dependent children. APPLICANT CONTENDS THAT: When he applied for retirement, he requested a waiver of his ADSC to allow him to transfer his education benefits. On 15 Jul 14, his waiver was approved. He was also approved for retirement effective 1 Nov 14. On 20 Sep 14, he noticed that his ADSC was not adjusted and was informed that his previously approved waiver was going to be revoked. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 1 Nov 15, the applicant retired from the Regular Air Force in the grade of Lieutenant Colonel (O-5). His Total Federal Active Military Service Date (TAFMSD) is 2 Jun 93, making him eligible for retirement on 2 Jun 13. According to the Post 9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU), on 10 Mar 11, the applicant signed acknowledging that he would incur four years of additional service after approval of transfer. On 17 Apr 14, the applicant received his pre-separation counseling indicating he received education benefits counseling. According to the email thread provided by DPSIT, the applicant was advised that there was some confusion regarding what was waived relating to the applicant’s retirement request. The retirement’s office only has authority to waive the active duty service commitment associated with the GI Bill, not loss of the transferability benefit. Therefore, according to DPSIT officials, since the justification of the applicant’s ADSC waiver was not based on hardship, they cannot authorize retention of the GI Bill transferability benefit. To help the applicant resolve the situation, the following options were offered with a 30 Sep 14 suspense date: 1. Request to retain the 1 Nov 14 retirement date and request retention of the transferability benefit by providing justification that shows he was experiencing an extreme personal hardship unique to other members that can only be resolved through retirement on that date by preparing a memorandum with justification. 2. Request to withdraw his retirement and remain on active duty to allow him to complete the service requirement and retain his transferability benefit by preparing a memorandum with justification. 3. Request a date change to extend his retirement date to 1 Apr 15 to complete the GI BILL ADSC by preparing a memorandum with justification. 4. Finally, he was advised if justification did not exist to support a request outlined in items 1-3, he could pursue resolution of the transferability benefit by submitting a request to the AF Board for Correction of Military Records. Transferability of Unused Education Benefits to Family Members. Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. Per DoDI 1341.13 and AFI 36-2306, Voluntary Education Programs, Atch 9, any service member on or after 1 Aug 09, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she has at least 6 years of service in the Military Services (active duty or Selected Reserve), National Oceanic and Atmospheric Administration Commissioned Officer Corps (NOAA) Corps, or Commissioned Corps of the Public Health Service (PHS) on the date of approval and agrees to serve 4 additional years in the Military Services, NOAA Corps, or PHS from the date of election. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant was only approved for removal of the ADSC associated with the Transfer of Education Benefits (TEB) approval and not for retention of benefit transferability. The applicant is ineligible to retain the benefit because he failed to complete the required obligation. Although the applicant’s TEB ADSC waiver was approved, it does not allow him to maintain his TEB benefits. On 25 Apr 14, a notification was sent from the Total Force Service Center (TFSC) that read as follows: "You have a GI Bill Benefit ADSC of 7 Mar 15. To be eligible to retire on your requested retirement date of 1 Nov 14, you must submit a waiver request. If approved for waiver of your ADSC, the Department of Veterans Affairs (VA) may treat any benefits paid to dependents as an overpayment and may collect the amount of the overpayment from the service Airman. Contact the VA for more information prior to applying for the waiver." On 28 Apr 14, the applicant returned his retirement pre- application checklist, which included the following paragraph in Section 2 regarding TEB benefits: "You may incur an ADSC with certain enrollment actions; therefore, we highly recommend you seek counseling prior to submitting your application for separation/retirement. If you take action after being approved for separation/retirement, you could lose the benefit if you can't complete the required service before your approved separation/retirement date. Please contact the Education & Training Section (AFPC/DPSIT) immediately for assistance." The applicant annotated "Yes" acknowledging understanding of the information in Section 2. There is no record the applicant contacted the AFPC/DPSIT prior to retirement approval. If the Board determines an injustice has occurred and decides to approve the case, the TEB approval date would be 8 March 2011, with an obligation end/ADSC date of 31 October 2014. A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit C. AFPC/DPSOR recommends approval, indicating it is in the interest of justice to rectify the communication error. The applicant’s ADSC waiver was approved only for the purpose of removing the commitment to remain in the military until 7 Mar 15. The applicant contends that he was misinformed and believed that when the TFSC informed him that his waiver was approved, the approval consisted of removing the ADSC until 7 Mar 15 but still allowing for the TEB. It appears that there was a misunderstanding between the applicant and the TFSC regarding this situation. While the applicant indicated that he was requesting a waiver of his ADSC and the ability to still be able to transfer his education benefits, the TFSC was only processing the waiver to the ADSC. When the TFSC informed the applicant that the waiver was approved, the TEB was not addressed. The applicant then assumed that the waiver approval was for both the ADSC and the ability to still transfer education benefits. As a direct result of this misunderstanding, the applicant pursued irrevocable retirement actions. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He was instructed by the TFSC to request a waiver that would allow him to retain transferability of GI Bill benefits. AFPC purposefully approved that waiver and adjusted his GI Bill ADSC accordingly to allow him to retain transferability of GI Bill benefits, only to renege on that approval approximately 2 months later. AFPC personnel admitted that his 28 Apr 14 GI Bill transferability waiver was approved and his TEB ADSC was updated to 31 Oct 14, allowing him to retain transferability of GI Bill benefits. However, these same personnel told him that DPSIT did not have the authority to do so. In further support of his request, the applicant provides copies of his waiver request and various other documents associated with his request. His complete response with attachments is at Exhibit F. 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. Although DPSOR recommends approval due to communication errors, we disagree. In this respect, we note that the applicant states that AFPC personnel admitted that his 28 Apr 14 GI Bill transferability waiver was approved and his TEB ADSC was updated to 31 Oct 14. However, as noted by the DPSIT, DPSOR does not have the authority to adjust his ADSC. DPSOR states that as a direct result of this misunderstanding, the applicant pursued irrevocable retirement actions. However, according to the evidence presented in this case, it appears the applicant declined to go TDY to Afghanistan; therefore, regardless of what he was told by DPSOR after that, he was required to separate or retire. Additionally, the applicant was given several options to pursue prior to his retirement that could have possibly allowed him to retain his TEB yet he chose to retire on 1 Nov 14. Consequently, he does not meet the four year ADSC requirement to qualify for the TEB. Accordingly, we agree with the opinion and recommendation of DPSIT and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. 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-2014-04296 in Executive Session on 18 Aug 15 and 9 Dec 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 10 Dec 14, w/atchs. Exhibit D. Letter, AFPC/DPSOR, dated 30 Dec 14. Exhibit E. Letter, SAF/MRBR, dated 2 Feb 15. Exhibit F. Letter, Applicant, dated 17 Feb 15.