RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01076 COUNSEL: NONE XXXXXXXXXX HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational benefits to his dependents effective 11 August 2009. APPLICANT CONTENDS THAT: On 11 August 2009 he submitted his eligibility request and then submitted his Transfer of Education Benefits (TEB) application. He and two other officers went back to the website; however, there was no indication that the transfer was complete. At the time there was no clear guidance on what the proper procedures to TEB were. To his knowledge both officers had their records corrected via the Board process. This injustice will significantly affect his family’s future benefits. In support of his request the applicant provides an affidavit from a fellow officer and an electronic communiqué. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to a Personal Data document dated 18 March 2014, the applicant’s Total Active Federal Military Service Date is 14 June 1992. He became retirement eligible in June 2012. According to DD Forms 2648, Preseparation Counseling Checklist for Active Component, Active Guard Reserve, Active Reserve, Full Time Support, and Reserve Program Administrator Service Members, on 19 January 2012 and 1 November 2013, the applicant indicated that he did not want counseling for education benefits prior to his retirement. According to his DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant retired effective 1 November 2014 after serving 21 years, 4 months and 29 days on active duty. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. There is no evidence the applicant applied to TEB through the Defense Manpower Data Center (DMDC) website or in the Right Now Technology. Without a signed Statement of Understanding (SOU), Total Force Service Center personnel cannot determine if the applicant accepts the 4-year Active Duty Service Commitment; therefore, eligibility for the program cannot be established. Applying through the Department of Veterans Affairs (DVA) website only determines eligibility for the member and cannot be used to establish eligibility under the TEB process. The DVA website explicitly states that the transfer must be completed through the DMDC website. Had he gone to this website in 2009, he could have facilitated a TEB application. The complete DPSIT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 16 May 2014, a copy of the Air Force evaluation was forwarded to the applicant 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. After carefully reviewing the evidence of record and the applicant's complete submission we do not find that he is the victim of error or injustice. We note the applicant asserts that other officers with the same issues had their records corrected via the Board process. However, he has not provided substantial evidence to show that he has been treated any differently than others similarly situated. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. In the absence of persuasive 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 this application in Executive Session on 15 January 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR BC-2014- 01076 was considered: Exhibit A. DD Form 149, dated 10 March 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 18 March 2014, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 16 May 2014.