RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03346 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependents. ________________________________________________________________ _ APPLICANT CONTENDS THAT: In August 2009, a mechanism for signing the AF Form 4406 (Post 9/11 GI Bill Transfer of Education Benefits Statement of Understanding), electronically did not exist and the form was faxed by the Air Force Education Center in the Pentagon. He received approval from the Air Force via mail to transfer his benefits to his dependents and did so per the instructions. The transfer was reflected in MilConnect and he verified once in 2010 that the transfer still existed. Currently, the benefits for his dependents are not reflected in the Air Force or Department of Veterans Affairs system despite Air Force approval in August 2009. In support of the applicant’s appeal, he submits instructions on how to apply for benefits. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is currently serving in the grade of captain. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the applicant’s application is not supported with evidence that he was a victim of an error or injustice. Following the notes in Right Now Technology (RNT), it seems the applicant never made the attempt to follow through with signing the SOU. Without a signed SOU, TFSC personnel have no idea the applicant agrees to the four year ADSC that is required with the transfer of the benefit. As of the date of this AFBCMR, the applicant has re-applied for the TEB but because he failed to sign the SOU his application has expired. The DPSIT complete evaluation, with attachments, is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states his request to transfer his benefits did not occur through a systems error or was dropped from the USAF and VA electronic systems. The advisory opinion clarifies the correct procedural nuances to transfer 18 months of benefits to his dependents. However, the procedures outlined are not the procedures he was briefed on from the USAF education center in the Pentagon. The applicant’s complete response is at 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. After careful consideration of the applicant's request to include his rebuttal comments, we are not persuaded corrective action is warranted. Therefore, 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 that the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, 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 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-2013-03346 in Executive Session on 28 May 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 July 2013 2013, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 14 August 2013, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 13 January 2014. Exhibit D. Letter, Applicant, dated 20 January 2014, w/atchs. 2 3 4