RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03405 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Post 9/11 GI Bill Transfer of Education Benefits (TEB) be approved. APPLICANT CONTENDS THAT: On 16 Aug 14, he logged into the Defense Manpower Data Center (DMDC) website to transfer benefits as his son was applying to college. The blocks to allocate months to his dependents were not available and next to his dependents names was “ineligible.” He contacted the Air Force Retirements office at AFPC, a Department of Veteran’s Affairs (DVA) contact he had previously spoken with, a DMDC contact he had previously spoken with, and a contact at AFPC/DPCIT to request assistance, but was told he needed to submit an application to correct his records. When he applied for Post-9/11 GI Bill education benefits, the website stand-up was delayed. He and his fellow commanders participated in a special enrollment where they were told they were completing paperwork that would formally enroll them with the Department of Veteran’s Affairs (DVA) and complete Air Force paperwork required when the website finally stood up. The TEB paperwork was included to start the clock for the Active Duty Service Commitment (ADSC). Though he did not receive copies of the paperwork, he was told to expect a letter from the DVA and a telephone survey for the TEB. He received the letter dated 18 Jul 08 from the DVA notifying him they had received his application regarding TEB. About two months later, he received the telephone survey in which the person he spoke with indicated he was enrolled and his TEB requirements were met. After permanent change of station in 2010, he checked the system and it contained his information showing him eligible and qualified. Prior to his retirement in 2012, he attended the Transition Assistance Program (TAP) where they stressed the importance of having account information set up prior to retiring; however, no one mentioned loading any months to family members. He met with a local DVA counselor who, after logging into the DVA website, said he was good to go. The DVA counselor did not mention anything about ensuring he transferred months to his dependents prior to retirement. Prior to final out-processing, he met with a base education counselor to again ensure everything was set-up properly for the TEB to his dependents. The counselor never mentioned transferring benefits prior to retirement. He was under the impression he was to do this just prior to when one of his children needed the benefit. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 24 Oct 89, the applicant entered the Regular Air Force. On 18 Jul 09, the applicant received a letter from DVA in regards to transferring benefits. This letter indicated the member could only be eligible “after” DoD had approved his request for TEB. On 14 Feb 12, he prepared DD Form 2648 Test, Preseparation Counseling Checklist for AC, AGR, AR, FTS, and RPA Service Members, indicating “No” in block #14, Education/Training indicating he did not need counseling for Education benefits Post9-11 GI Bill Chapter 33, Montgomery GI Bill Chapter 30, Veterans Educational Assistance Program, Vietnam-era, etc. On 30 Sep 12, the applicant was relieved from active duty and retired, effective 1 Oct 12. He was credited with 22 years, 11 months and 7 days of active service, including 1 year, 6 months and 17 days of foreign-service. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence the member applied for TEB by current law and regulation via MilConnect in August 2009. Without a signed Statement of Understanding (SOU), Total Force Service Center personnel cannot determine if the member accepts the one year ADSC. Therefore, no eligibility for the program could be established, as the law/regulations cite the date of request as the date on which the appropriate service obligation would be stablished (REF: AFI 36-2306, The Air Force Education Services Program, Attachment 9, A918.1.2, A9.18.1.3 and A9.128.1.4). Applying via the DVA only determines eligibility for the member and cannot be used to establish eligibility under the TEB process, due to the fact the DVA does not administer the required Obligation/ADSC, and each Service component administers its respective obligations. Without a submission via MilConnect, the proper service obligation cannot be administered or fulfilled. The complete DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by stating he has included additional and more detailed information regarding his attempt to transfer educational benefits to his dependents. He provides a summary of what he already submitted, but adds additional details indicating he made a full faith effort and more than reasonable efforts to personally ensure his benefits were assured post retirement. He served 23 years of service including three years after the initial application for TEB to dependents in 2009. The 18 Jul 09 letter from the DVA was very unclear what actions were required when. It stated ‘upon approval, family members may apply to use transferred benefits with the DVA by completing a DVA Form 22-1990e.” But there was no mention that it had to be done before retirement. The letter also states “When you are officially discharged from service we must re-determine your eligibility for benefits. To do this, we will need verification that you were discharged. When you receive your official DD 214 ….” He states he sees now that it was not referring to the transferability option. However, when he reads it, given what he had been told, he understood that he was good to go until after he retired when his dependents were ready to use the transferred benefits. He maintains he was never informed verbally or in writing that he needed to transfer benefits months before retirement. He thought the allocation of months needed to be done when it was closer to the time that his son was ready to attend college; in his case, after he retired. The complete APPLICANT review is at 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 an error or injustice. We took notice of the applicant’s complete submission, including his rebuttal to the Air Force advisory, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the applicant’s review states the 18 Jul 09 DVA letter is confusing on what needed to be done and does not mention the TEB application had to be completed before retirement, it clearly states the process begins with checking the DoD transferability application website, only available to military members, to determine dependent eligibility to receive transferred benefits. It further states after DoD approves the request for TEB, a VA Form 22-1990e should be completed and submitted to the DVA by the family member. We find no evidence which indicates the applicant applied for transferability through the designated DoD website prior to his military retirement, as required by law and regulation. Therefore, in the absence of evidence to the contrary, we do not believe he has demonstrated evidence of an injustice and find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2014-03405 was considered: Exhibit A. DD Form 149, dated 18 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 26 Aug 14. Exhibit D. Applicant Letter, dated 21 Oct 14.