RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00854 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to apply to transfer his Post 9/11 GI Bill benefits to his dependents with an effective date of 12 Aug 09. _________________________________________________________________ APPLICANT CONTENDS THAT: Prior to his retirement, he completed the application to transfer education benefits to his dependents in September or October 2009. Upon inquiring about the transfer of benefits prior to his retirement, he was informed no changes were necessary on the form. Therefore, he assumed the transfer process was okay. He also started the process for Veterans On-Line Application (VONAPP), but did not proceed beyond the application point. He is confident he received notification the transfer was accomplished, but does not have any documentation to confirm this. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Regular Air Force member who retired on 1 Feb 10. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1PA recommends denial, indicating there is no evidence of an error or injustice. The applicant does not contend he was miscounseled or unaware of the website for the transfer of education benefits. He has not provided any documentation to support his contentions and there is no record the website was not properly working during the time frame in question. There is no evidence the applicant ever logged on to the site. In addition, the website does not function in a manner that mirrors the applicant’s description. The applicant stated he started the VONAPP process; perhaps he tried to transfer his benefits to his dependents in this system and not the transfer of education benefits system. If so, this is an error on the part of the applicant and not the Department of Defense (DoD) or the Air Force. The complete HQ USAF/A1PA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 29 Apr 11 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. The applicant's complete submission was thoroughly reviewed and his contentions were duly noted. However, we do not find the applicant’s assertions and the documentation presented in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR). Therefore, we agree with the recommendation of the Air Force OPR and adopt its rationale as the basis for our decision the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. 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 issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2011-00854 in Executive Session on 2 Aug 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-00854 was considered: Exhibit A. DD Form 149, dated 23 Feb 11, w/atch. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, HQ USAF/A1PA, dated 15 Apr 11. Exhibit D. Letter, SAF/MRBR, dated 29 Apr 11. Panel Chair