RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02721 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he elected to transfer his Post- 9/11 GI Educational Benefits to his spouse beginning on 17 May 12 rather than 11 Jun 12. _________________________________________________________________ APPLICANT CONTENDS THAT: He made every effort to transfer his benefits by 17 May 12, but the transfer is dated 11 Jun 12, the date he resubmitted his form. He needs his records to reflect a transfer date of between 17 May 12 and 21 May 12 because that is when his spouse’s classes started. He initially tried to submit his on-line transfer form in Mar 12, but he didn’t have the required six years time in service until 17 May 12, but he assumed submitting the form earlier would be better. The website appeared to have submitted the form correctly, but when he contacted the Total Force Service Center there was no record of his submittal. He discovered this on 11 Jun 12, but the begin date of the form is the date you electronically submit so he could no longer select 17 May 12. The applicant urges the Board to accept his word that he submitted the form and it appeared to have submitted correctly with no error messages. His projected separation date is 1 Feb 18, so he is not trying to backdate this in order to get out of an active duty service commitment. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: 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 Force on the date of election, and agrees to serve four additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 benefits to their dependents (Title 38 USC, Chapter 33, § 3319(b)(1)). . The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. The applicant did not provide adequate justification. There is no record in the Right Now Technology System that the member ever tried to apply for Post 9/11 Transfer of Eligibility Benefits (TEB) until 11 Jun 12, nearly a full month after the date he had six years of service and became eligible to initiate his TEB rights. The date of 11 Jun 12, which is when the applicant returned the required Statement of Understanding becomes the first date the member is eligible to utilize TEB benefits. A complete copy of the AFPC/DPSIT 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 6 Aug 12 for review and comment within 30 days. As of this date, no response has been received by this office (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 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 or injustice. Therefore, 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-2012-02721 in Executive Session on 11 Feb 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Jun 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 19 Jul 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 6 Aug 12.