RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00224 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 was improperly briefed on the transfer process and was told over the phone to give his children “0” months and his spouse “1” month of eligibility when requesting the transfer through the MilConnect website. This misinformation led to his family not being able to receive the transfer of his education benefit. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the DD Form 214, Certificate of Release or Discharge from Active Duty, on 19 Nov 87, the applicant enlisted in the Regular Air Force. According to the DD Form 4/1, Enlistment/Reenlistment Document Armed Forces of the United States, on 1 Apr 95, the applicant enlisted in the Air Force Reserve. According to a Defense Manpower Data Center (DMDC) printout, dated 27 Feb 15, the applicant requested to transfer 18 months of his Post-9/11 GI Bill benefit to his spouse on 15 Aug 11. However, his request was disapproved due to his inactive military status. According to the AF IMT 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force/Air Force Reserve, on 6 Oct 11, the applicant extended his current enlistment ending on 29 Apr 13 to 29 Apr 14 for a period of 12 months for the purpose of retraining. On 30 Jan 14, a Formal Physical Evaluation Board (FPEB) recommended the applicant be discharge from the Air Force for a physical disability with severance pay. On 29 May 14, the Secretary of the Air Force directed the applicant be honorably discharged with severance pay effective 29 Jul 14. 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. According to the Military Personnel Data System (MilPDS), on 29 Jun 06, the applicant completed 6 years of active duty, therefore, he is entitled to Post-9/11 GI Bill educational benefits in his own right. Had the applicant’s request to transfer his educational benefits been approved on the requested date, he would have incurred a 4-year active duty service commitment (ADSC) that he would have been unable to fulfill by the time he separated on 29 Jul 14, as a result of his FPEB. AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DoDI 1341.13 states that allocations cannot be made to a new family member after retirement or separation. The transfer of benefits is not an entitlement of the Post-9/11 GI Bill program but an opportunity, provided the necessary requirements are met. In every case, the member maintains the ability to use the Post-911 GI Bill benefit themselves. The MilConnect website ensures every member has access to the current status of their request. On 15 Aug 11, the applicant requested the transfer of his Post- 9/11 GI Bill benefit and elected to give 18 months to only one of his dependents. There is no record of a signed Statement of Understanding or subsequent four year reserve service commitment. The applicant’s service commitment would have ended on 14 Aug 15, however, he was extended while awaiting a determination from a Medical Evaluation Board (MEB). In accordance with DoDI 1341.13, Enclosure 3, 3f(2)(a)2., "An individual may not add family members after retirement or separation from the Military Services, USCG, NOAA Corps, or PHS, but may modify the number of months of the transferred entitlement or revoke transfer of entitlement after retirement or separation for those family members who have received transferred benefits prior to separation or retirement.” A complete copy of the ARPC/DPTT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 Jun 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 and do not find that it supports a determination that he should be allowed to transfer his Post- 9/11 GI Bill benefits to his dependents. Although the applicant contends that he was improperly briefed on the process to transfer his Post-9/11 educational benefits to his dependents, he has not provided substantial evidence to support this claim. Moreover, there is no evidence of a signed SOU in the records, nor has the applicant provided a copy to validate his request to transfer the benefits. Therefore, we find that the applicant has failed to sustain his burden of proof that he has suffered from an error or injustice. In view of the above and 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-2015-00224 in Executive Session on 14 Oct 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Jan 15. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 17 Feb 15, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 18 Jun 15.