GI-Bill commitment waiver?

[Velosprints]

Long story short, I incurred another 4 year commitment because I failed to transfer my GI-Bill benefits in time. I would like to retire ASAP, and I was wondering if anyone has had luck with any kind of waiver to avoid the additional commitment?  Is there a precedent for such a thing?

[Guardian]

If you are retirement eligible I have a hard time believing that you can’t just retire. You won’t get the transfer benefit but you should be able to retire. If not retirement eligible then you are likely screwed. I would apply for retirement today if that’s what you want and make them say no.

AF wins again. When this program first came out they claimed it was only used for tracking purposes that you had done your 4 years but wouldn’t be used like other ADSCs to where you had to do it and stay in until complete. Subsequently a few years later they changed the wording to make it an ADSC. But it wasn’t that way initially. And I still have those emails where they were caught.

[disgruntledemployee]

10 minutes ago, Guardian said:

If you are retirement eligible I have a hard time believing that you can’t just retire. You won’t get the transfer benefit but you should be able to retire. If not retirement eligible then you are likely screwed. I would apply for retirement today if that’s what you want and make them say no.

AF wins again. When this program first came out they claimed it was only used for tracking purposes that you had done your 4 years but wouldn’t be used like other ADSCs to where you had to do it and stay in until complete. Subsequently a few years later they changed the wording to make it an ADSC. But it wasn’t that way initially. And I still have those emails where they were caught.

It was an ADSC for me and I signed up day 1 that the transfer benefit was offered. The deal then was if you had less that 4 years to 20, the ADSC was prorated to 20 yrs of active service.  But it was all online, automated, and all laid out.

OP, it's an ADSC. You signed, they give you a benefit. If you file for retirement, you may get to, but probably not with the benefit.

PS, I used the transfer benefits for 3x dependants and all will walk away with 0, zero, no, college debt. That's priceless. When they live at home, the housing allowance easily covers tuition for another.

[Danger41]

I don’t have the reg citation, but I believe if the person you transferred the bill to hasn’t used the benefits, you can nullify them ADSC. Now getting the AFPC E-4 to understand that…

[di1630]

Retire, give up the benefit.

If you are asking how to retire and keep the benefit. You are S.O.L.

[brabus]

This was 4 years ago, but had a recently complete SQ/CC in same situation - AF said GFY and made him stay AD another 2-3 years to complete the ADSC. He was retirement-eligible and willing to forfeit the transfer. Not what you want to hear, and shouldn’t make you not try, but also this may help manage expectations. 

[HeloDude]

As humans we always want what we want (how profound, right?)…that being said, why are people always trying to get out of their commitments?  No one was forced into accepting the terms that were offered.  And this is from someone who very much is looking forward to becoming a mister.

[Chida]

Because they’ve seen the Air Force cancel commitments so easily (force shaping, rifs, fitness test shenanigans, promotion board shenanigans, and on and on) on a continual basis from 2004-2015.


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[HeloDude]

What are “fitness test shenanigans”?

And I’m pretty sure you make the commitment to the Air Force, not the other way around (we can argue that separately if you’d like).  It’s always been a one way commitment…but that doesn’t change the fact that said person didn’t voluntarily make the commitment and now wants it changed.

[jazzdude]

What are “fitness test shenanigans”?

I'm guessing this was when the AF said we couldn't be trusted to score PFTs and hired contractors to score. Only test I nearly failed because the contractor wanted locked elbows between each rep.

To the OP, it might be worth checking to see if you're benefits actually transferred and that the ADSC is valid to begin with. There was a policy change in 2018 that said you couldn't transfer anymore once you hit 16 years of service. Since you're retirement eligible, the timing you transferred the benefit is important. Worst case is you serve out the ADSC only to find the VA denies your transfer eligibility on the back end...

[LiquidSky]

12 hours ago, Danger41 said:

I don’t have the reg citation, but I believe if the person you transferred the bill to hasn’t used the benefits, you can nullify them ADSC. Now getting the AFPC E-4 to understand that…

There's a memo template in the Post 9-11 GI Bill PSD Guide on mypers for this exact scenario.

d. Members with an approved TEB application who wish to apply for voluntary retirement prior to meeting the TEB ADSC may request, in writing, removal of the ADSC. Dependents must NOT have used transferred benefits and member must NOT be selected for deployment or Permanent Change of Station (PCS). See myPers and Attachment 2 of this guide for additional information.

For anyone reading this transfer to your spouse ASAP. My understanding is only the first transfer generates the ADSC. You can transfer from your spouse to children later on down the line and will not incur a second ADSC.

Edited October 18, 2021 by LiquidSky

[brabus]

7 hours ago, LiquidSky said:

For anyone reading this transfer to your spouse ASAP. My understanding is only the first transfer generates the ADSC. You can transfer from your spouse to children later on down the line and will not incur a second ADSC.

True statement. My subsequent kids did not add ADSC as I added each of them after they were born. You can change distribution percentage as many times as you want without incurring ADSC.

[HeloDude]

15 hours ago, LiquidSky said:

For anyone reading this transfer to your spouse ASAP. My understanding is only the first transfer generates the ADSC. You can transfer from your spouse to children later on down the line and will not incur a second ADSC.

Kind of.  You must have transferred at least one month of benefits to a dependent prior to retiring/separating for that dependent to be eligible for any benefits post-military.  So if you have a new dependent (ie birth of a new child) one day after your official retirement/separation date then you’re SOL.  But concur on the not incurring an additional/new ADSC part.

[HeloDude]

16 hours ago, jazzdude said:

I'm guessing this was when the AF said we couldn't be trusted to score PFTs and hired contractors to score. Only test I nearly failed because the contractor wanted locked elbows between each rep.

 

I want to know who was involuntary separated because contractor fitness assessors back in the day didn’t count a few of their push-ups on one of their many PT tests.
 

But I agree that I was a big fan of when they went to military assessors and even more of a fan of when they allowed  guys/gals in the squadron to give PT tests.  It was frustrating when a random assessor said they wouldn’t allow me to do my run first, followed by the push-ups/sit-ups…even though the reg allows it.

[FLEA]

14 hours ago, HeloDude said:

I want to know who was involuntary separated because contractor fitness assessors back in the day didn’t count a few of their push-ups on one of their many PT tests.
 

But I agree that I was a big fan of when they went to military assessors and even more of a fan of when they allowed  guys/gals in the squadron to give PT tests.  It was frustrating when a random assessor said they wouldn’t allow me to do my run first, followed by the push-ups/sit-ups…even though the reg allows it.

Definitely know people who were in my squadron got the boot but I believe you had to have multiple failures. A lot of people were 1-2 failures in already when the red shirts became a thing and they went into their repeat test thinking nothing has changed. They were utterly destroyed with how specific the FACs were at upholding the standard though. 

Also knew 1 lieutenant who didn't make Capt on time because he failed a single PT test for pushup depth. 61 reps but only counted 22 or so. 

The issue here wasn't really the civilian FACs. It was that for decades noone upheld the standard and then overnight that changed. 

There was also a culture thing. The USAF went through some identity crises where it believed it's role was to augment the Army in war, and we needed to be "fit to fight" and start issuing M-16s in basic. It was utterly ridiculous. 

 

[BADFNZ]

On 10/17/2021 at 6:43 PM, HeloDude said:

As humans we always want what we want (how profound, right?)…that being said, why are people always trying to get out of their commitments?  No one was forced into accepting the terms that were offered.  And this is from someone who very much is looking forward to becoming a mister.

Because things change?  You don't know his life situation nor anyone else's.  If he hasn't even used the benefit, where's the harm in letting him out of it?

[HeloDude]

11 hours ago, BADFNZ said:

Because things change?  You don't know his life situation nor anyone else's.  If he hasn't even used the benefit, where's the harm in letting him out of it?

It literally goes against the concept of a commitment, but ok.