RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04629 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits (TEB) to his spouse while he was on active duty. APPLICANT CONTENDS THAT: When he retired in 2010 the Post-9/11 GI Bill transfer option was still in the introductory stage. It was never explained to him that he had to apply Transfer of Educational Benefits (TEB) via MilConnect while on active duty, nor was it on his retirement out processing checklist or provided in any retirement briefing he attended. There was not any information presented during the Transition Assistance Program (TAP) briefing he attended. His supervisor at the time was civilian and did not keep up on current military benefits and changes. He does take responsibility that he could have sought additional information prior to retiring. However, with a new program like this it was the Air Force’s responsibility to push the material to all individuals who could be affected. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant served in the Regular Air Force in the grade of Chief Master Sergeant (E-9) during the matter under review. On 31 Jan 10, the applicant was retired from the Regular Air Force, and was credited with 29 years, 6 months, and 10 days of active service. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (Title 38 USC, Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. The applicant acknowledged on his Pre-Separation Counseling Checklist that he did desire counseling on his Education Benefits. The applicant would have received counseling by the DVA (phone number provided) and would have been directed to the TEB website to sign up for TEB. There is no record in DMDC the member applied for TEB. No eligibility for the program could be established, as the law/instructions cite the date of request as the date on which the appropriate service obligation would be established (IAW AFI 36-2649, Attachment 13, A l3.18.l.1.l). Without a request, a TEB application cannot be approved. There is no evidence the applicant ever applied via the Defense Manpower Data Center (DMDC); therefore, eligibility cannot be determined and the member cannot be approved for TEB according to current law and instruction. Additionally, the applicant did not provide any documentation/evidence of an attempted application for TEB. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluations was forwarded to the applicant on 25 Feb 15, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-04629 in Executive Session on 14 Jul 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04629 was considered: Exhibit A. DD Form 149, dated 6 Nov 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 22 Dec 14. Exhibit D. Letter, SAF/MRBR, dated 25 Feb 15.