RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04093 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He completed the transfer of benefits on the website prior to his retirement. After retiring and applying for one of his children to receive the benefit, he was told there was no record of his transaction. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired from active duty, effective 1 Jul 11, in the grade of major (O-4). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating the Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09. Any member of the Armed Forces who, on or after 1 August 2009, is eligible for the Post- 9/11 GI Bill, had at least 6 years of service on the date of election may transfer unused Post-9/11 benefits to their dependents. Service Secretaries were required, as of 22 Jun 09, to provide and document counseling regarding these benefits. The Air Force issued AFGMI on 23 Jul 09, which required pre-separation counseling be documented on DD Form 2648. DoD developed a special website to facilitate the transfer of educational benefits. On 27 Jun 09, the website was operational for the purpose of accepting transfer of benefits applications. Both the DTM and AFI 36-2306 state the transfer must be made while the member is serving in the Armed Forces. Both documents were published on government-hosted websites prior to 1 Aug 09, the effective date of the Post-9/11 GI Bill. Based on the facts provided, the applicant did not provide adequate documentation to justify an error or injustice. He received pre-separation counseling and indicated on his pre- separation, DD Form 2648, that he did want counseling for educational benefits prior to his retirement. There is no record of the applicant applying for the benefit in the system. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: As part of his pre-separation briefing, the applicant was given guidance on where to apply for the transfer of benefits and was advised to transfer one month’s worth of benefits to each of his children. After the briefing, he did so and at the end of the process, the screen read “submitted” as his status. After several months passed, he went to the base education office to receive his counseling and confirm he had done what was necessary. He told the counselor what he had done and the counselor told him that he was good. He did not inquire again about the transfer until his oldest daughter was about to enter college. At that time, he was told there was no record of his request and his claim was denied. He was led to believe by both the web page and personnel from the base education office that he had completed the appropriate steps and therefore, requests that his records be corrected to allow him to reapply to transfer his education benefits to his children. A complete copy of the applicant’s response is at Exhibit E. ________________________________________________________________ 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. 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. Other than his own uncorroborated assertions, the applicant has provided no documentary evidence whatsoever that indicates he was somehow miscounseled or that his failure to transfer his Post-9/11 GI Bill benefits to his dependents was somehow the result of an error on the part of the Air Force. 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 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-2012-04093 in Executive Session on 3 Jun 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Aug 12. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 18 Sep 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 1 Oct 12. Exhibit E. Letter, Applicant, dated 23 Oct 12.