RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03368 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: His record be corrected to reflect that he made his Post-9/11 GI Bill Transfer of Educational benefits to his dependents in Aug 09. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He requested Transfer of Educational Benefits (TEB) to his dependents, in Aug 09; however, in Feb 11, he was checking the status of his request and realized the transaction did not take in the system. He does not understand why the update did not take at the time, but, would like to give each child a percentage of the TEB and believes this might have been what caused the error. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is serving as a lieutenant colonel in the Regular Air Force with a projected retirement date of 30 Nov 13. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, noting the applicant provides no evidence of an application in Aug 09. The first application reflected in the TEB system is on 31 Jan 11. The Total Force Service Center (TFSC) sent an email to the applicant on 1 Feb 11 to complete the Statement of Understanding (SOU). To date, he has not completed a SOU. He also stated in the Right Now Technology (RNT) that he did not want to incur the ADSC that signing the SOU would bring as he wanted to retire in 2013. Incurrence and service of that ADSC is required to utilize TEB per AFI 36-2306, A9.18.1.1. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 10 Jan 13, a new DD Form 149 was received from the applicant, indicating that he had not received any help from the Air Force Personnel Center (AFPC) other than informing him that he will incur another four-year ADSC. He does not have proof of his submission in Aug 09; however, he can provide witness statements, if needed. The bottom line is that he intended for this action to be initiated in Aug 09. He has found out the Army and Navy does not require a four-year ADSC and is prepared to seek congressional assistance. Additionally, he requested a personal hearing (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. We note the applicant states that he initiated the TEB in Aug 09 and does not have proof of this submission. However, without substantial evidence to support his contentions we find no basis to recommend granting the relief sought in this application. 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 issue(s) 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 material 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-2012-03368 in Executive Session on 9 May 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Jul 12. Exhibit B. Letter, AFPC/DPSIT, dated 13 Aug 12. Exhibit C. Letter, SAF/MRBR, dated 22 Aug 12. Exhibit D. DD Form 149, dated 7 Jan 13. Panel Chair