RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00457

	COUNSEL:  NONE

	HEARING:  YES

APPLICANT’S REQUEST.  That he be allowed to transfer the remaining seven months of his Post-9/11 GI Bill transfer of education benefits (TEB) from his oldest to his youngest dependent.    

APPLICANT’S CONTENTION.  He was unaware he had to assign percentages to each individual whom he wanted to receive the education benefit.  He does not feel the education center provided a very good briefing.  He thought he could transfer the remaining percentage later when applicable. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant retired on 25 Dec 10 in the grade of master sergeant. 
Public Law No. 110-252, Section 3319 (f) (1) states in part that “an individual may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.”  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  ARPC/DPTT recommends denying the application. On 9 Nov 09, the applicant applied to transfer 29 months of his Post-9/11 GI Bill benefit to his oldest daughter.  The applicant was retirement eligible; therefore, he would not have incurred any additional service obligation. The applicant failed to make any changes to his education benefits prior to his retirement.    The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 28 Feb 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

1. The application was timely filed.  

2. The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3. After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  

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.

THE BOARD RECOMMENDS:  The APPLICANT be informed that the evidence did not demonstrate material error or injustice.  The application was denied without a personal appearance; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2017- 00457 in Executive Session on 3 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 26 Jan 17, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, ARPC/DPTT, dated 12 Feb 18, w/atch.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 28 Feb 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.