RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00586

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents and change his service commitment date to reflect 13 December 2021.

APPLICANT’S CONTENTIONS

He was under the impression he would have the option to negate the four year service commitment by revoking the Post-9/11 TEB.  The Statement of Understanding (SOU) was not exclusively clear.  He agreed to the four year ADSC in order to transfer the education benefits to his dependents.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force captain (O-3).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  The Defense Manpower Data Center (DMDC) records show the applicant applied for TEB on 4 February 2019.  The application was approved on 4 March 2019 with an Active Duty Service Commitment (ADSC) to 3 February 2023.  In accordance with (IAW) AFI 36-2670, Total Force Development, 6.11.15.4., revocation of transferred benefits does not cancel the member's ADSC.   Furthermore, in Section I (Service Obligation) of the Post-9/11 G.I. Bill Transfer of Education Benefits Statement of Understanding, members must acknowledge… “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….”  Lastly, in additional to acknowledging the required service obligation, a “Message from Your Service Component” on the milConnect transfer request page states: “DO NOT apply and obtain approval for TEB unless you are willing to complete the Active Duty Service Commitment (ADSC).  Revoking transferred benefits will NOT revoke the ADSC, even if benefits have not been used.”  

Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice on the part of the Air Force.  IAW 36-2670, 6.11.15.1.1.1., members agree to serve four (4) additional years from the date of application. 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 28 June 2021 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2021-00586 in Executive Session on 20 July 2021:

Mr., Panel Chair 
Mr., Panel Member
Mr., Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 January 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atchs, dated 19 April 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 28 June 2021.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.