RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-01767
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The applicant requests retroactive transfer of his Post-9/11 educational benefits (TEB) to his dependent son as of 1 Aug 09.

APPLICANT CONTENDS THAT:

The applicant contends he initially transferred his educational benefits in 2009.  The education office personnel walked him through the process.  He does not have a copy of the TEB paperwork. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the grade of captain (0-3) on active duty.  

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 United States Code (USC), Chapter 33, § 3319(b)(1)).  Title 38 USC, Chapter 33, § 3319(f)(1) adds 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 described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPSIT recommends granting relief, indicating there is evidence of an error or injustice.  During the program startup, there was much confusion about where to apply and what the requirements were to complete the TEB process.  The applicant’s total active federal military service date (TAFMSD) is 30 Nov 92.  The TEB program was signed into law effective 1 Aug 09.  Based on the member’s TAFMSD, he would have incurred a four year active duty service commitment (ADSC) with TEB approval.  According to the Defense Manpower Data Center (DMDC) application, there is no record the member applied for TEB in 2009.

A complete copy of the AFPC/DPSIT evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14 Sep 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.  While we note the comments of AFPC/DPSIT indicating relief should be granted because there was much confusion about where to apply and what the requirements were to complete the TEB process during the program startup, we do not believe a preponderance of the evidence substantiates corrective action is warranted.  In this respect, we note that other than his own assertion there is no documentation in the applicant’s official military records which indicates he attempted to apply for TEB in 2009, nor did he submit any evidence with his application to support his assertion.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES:

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-2015-01767 in Executive Session on 26 May 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 Apr 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 3 Jun 15, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 15.