RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02016 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: On 2 Aug 2009, he applied to transfer two years of his educational benefits to his oldest daughter. He made multiple attempts to transfer the benefits and assumed it worked after about 10 attempts. On 1 May 2012, he found out there was no record of this transfer in the system. His enlistment would have ended in Jul 2012 had it not been for his medical retirement. He served honorably for over 20 years and earned this entitlement and would like it reinstated. His daughter will attend college during the 2012 fall semester. The applicant provides no documentation in support of his request. His complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 23 Jul 2011, the applicant was permanently disability retired in the grade of master sergeant (MSgt, E-7), with a 40 percent disability rating. He served 20 years, 3 months and 13 days of active service. Post 9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 Aug 2009, who is eligible for the Post 9/11 GI Bill, and: • Has at least six years of service in the Armed Forces on the date of election and agrees to serve four additional years in the Armed Forces from the date of election. • Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to four additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or • Is or becomes retirement eligible during the period from 1 Aug 2009, through 1 Aug 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states, in part, the applicant was given adequate information and failed to follow through with the requirement to transfer benefits while on active duty. He had ample time from his pre-separation briefing on 6 Apr 2010 and the time of his retirement on 24 Jul 2011 to sign up for the benefit to transfer to his dependents. His failure to act in a timely manner is not a basis for approval on the part of the Air Force. The Law specifically states: (e) Designation of Transferee - An individual transferring an entitlement to educational assistance under this section shall: (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each dependent designated under paragraph. The complete DPSIT evaluation, with attachment, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 Jun 2012, a copy of the Air Force evaluation was forwarded to the applicant 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC- 2012-02016 in Executive Session on 8 Jan 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered in AFBCMR BC- 2012-02016: Exhibit A. DD Form 149, dated 1 May 2012 Exhibit B. Applicant’s Master Personnel Records Exhibit C. Letter, AFPC/DPSIT, dated 29 May 2012, w/atch. Exhibit D. Letter, SAF/MRBR, dated 19 Jun 2012. Panel Chair