RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01894 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to apply to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He applied for the transfer of education benefits (TEB) in August 2009, which gave him a service commitment to August 2012, which he accepted. He was never notified of a declination or that he needed to supply additional paperwork. He thought the service commitment was automatic through the virtual military personnel flight (VMPF). He may have missed notification regarding TEB due to his attending predeployment training, being on leave and being deployed. He would like to extend his service commitment until August 2010 to allow the of transfer education benefits to the dependents. In support of his request, the applicant provided documentation associated with his Post 9/11 application. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of master sergeant. 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 the applicant had ample to time to complete the application process and verify the transfer process has been completed. The applicant applied to transfer education benefits on 12 August 2009. He retrieved the Statement of Understanding (SOU), completed it and uploaded it to the AFPC website. The AFPC Service Center acknowledged receipt of the SOU and advised the applicant he needed to complete an extension or reenlistment to obtain a service commitment. It was noted that failure to submit the required documentation would result in disapproval of the application to transfer education benefits. AFPC notified the applicant on 13 October 2009 that his TEB application was cancelled because he failed to obtain the required retainability to fulfill the service commitment. The applicant again applied to transfer education benefits on 21 October 2011; however, his application expired because he did not complete the retainability requirements. The complete HQ USAF/A1PA evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 July 2011 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. 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. _________________________________________________________________ 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-2011-01894 in Executive Session on 10 November 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 May 11, w/atchs. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, HQ USAF/A1PA, dated 27 Jun 11. Exhibit D. Letter, SAF/MRBR, dated 15 Jul 11.