RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05048 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show that he transferred his Post- 9/11 GI Bill educational benefits (TEB) to his dependent while he was on active duty. APPLICANT CONTENDS THAT: Prior to his retirement, the applicant went to the base educational office and completed the required paperwork transferring his Post 9/11 GI Bill benefits to his dependent. He was told everything was complete. Only recently he learned as he was enrolling his dependent into college that there was no record of transferring the Post 9/11 GI Bill benefits to his dependent. He does not have a copy of any of the supporting documents or out-processing paperwork, his ex-wife destroyed all written correspondence he had. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 28 Aug 89. On 30 Aug 11, the applicant retired from the Regular Air Force, and was credited with 21 years, 8 months, and 3 days of active service. 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 USC, Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33, § 3319(f)(1) adds that 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 contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. There is no record in the Defense Manpower Date Center (DMDC) the member applied for TEB; therefore, eligibility for the program could not be established, as instructions cite the date of request as the date on which the appropriate service obligation would be applied (In Accordance With AFI 36-2306, Attachment 9, A9.18. l.2, A9.18. l.3 and A9.18. l.4). Without a request, a TEB application cannot be approved. The applicant’s Total Active Federal Military Service Date (TAFMSD) is 29 Aug 89. Based on the applicant’s TAFMSD, he would have incurred a one year Active Duty Service Commitment (ADSC) In Accordance With (IAW) AFI 36-2306, Attachment 9, A9.18.1.4 with TEB approval. The applicant retired effective 1 May 11. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Apr 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; 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 of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-05048 in Executive Session on 18 Aug 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-05048 was considered: Exhibit A. DD Form 149, dated DD 10 Dec 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 27 Jan 15. Exhibit D. Letter, SAF/MRBR, dated 1 Apr 15. 1 2