RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00147 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: Several years ago he sought assistance from the education office, but was never informed about the Transfer of Educational Benefits (TEB). In preparation for his retirement he discovered that he could transfer his unused Post-9/11 GI Bill Benefits to his dependents if he committed three additional years. However, since he is now retired, he cannot transfer these benefits. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant’s Total Active Federal Military Service Date (TAFMSD) is 9 June 1992. On 1 September 2014, the applicant retired in the grade of master sergeant (E-7) after serving 22 years, 2 months, and 22 days on active duty. Transferability of Unused Education Benefits to Family Members. Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following: * Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or * Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application, is precluded by either Air Force policy (e.g., High Year Tenure [HYT]), DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute. 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 injustice. The TEB program was established in 2009 and several media and public affairs articles have been published to educate members. In accordance with AFI 36-2306, Voluntary Education Program, the date of request is the date in which the appropriate service obligation would be established. There is no record in the Defense Manpower Data Center that the applicant applied for TEB; therefore, no eligibility for the program can be established. Prior to submitting his retirement application on 27 March 2014, the applicant was counseled by Education office personnel on his TEB eligibility. Additionally, he acknowledged and declined Montgomery and Post- 9/11 GI Bill counseling on his DD Form 2648, Preseparation Counseling Checklist for Active Component (AC), Active Guard Reserve (AGR), Active Reserve (AR), Full Time Support (FTS), and Reserve Program Administrator (RPA) Service Members. There is no evidence that the applicant contacted the Total Force Service Center concerning his eligibility until after his retirement. Therefore, he is ineligible to TEB. A complete copy of the DPSIT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: While the OPR states that the Post-9/11 GI Bill TEB program has been widely publicized, the information from a variety of sources has been conflicting. He first sought assistance from the education office in 2011 and was ill advised about requirements to TEB to his dependents. In February 2014, he again sought assistance from another education office and was informed that he was no longer eligible to TEB because he had insufficient retainability due to his impending retirement. He was never provided accurate information about the program and it was not until after his retirement from the Air Force that he became aware that he could have requested a waiver to TEB prior to his retirement. The OPR’s assertion regarding his declination of education counseling is misleading. He checked “no” on the DD Form 2648 because he had already visited the education office in February 2014 and was informed that he was no longer eligible to receive benefits under the Post-9/11 GI Bill program. He is erroneously being precluded from utilizing an entitlement that he was never fully cognizant about. He implores the Board to grant his request. The applicant’s complete submission 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. While the applicant's assertions of miscounseling are noted, he has not provided substantial evidence which, in our opinion, successfully refutes the assessment of his case by the Air Force OPR. Therefore, we agree with the opinion and recommendation of the AF OPR and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of proof of either an error or an injustice. 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-2015-00147 in Executive Session on 18 August 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00147 was considered: Exhibit A. DD Form 149, dated 8 January 2015. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 9 February 2015, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 18 June 2015. Exhibit E. Letter, Applicant, dated 11 July 2015.