RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03582 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He transferred his benefits to his dependents prior to his retirement. He gave each of his five children one month in case they attended college. His daughter immediately started school. His step-son will attend school in the fall. However, when he tried to add months for his step-son in the transfer of educational benefits (TEB) system, he noticed his step-son’s name was no longer listed. He is unsure why this happened. His other children should be added back into the TEB system. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force on 1 April 2011. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. For the first time in history, service members enrolled in 38 U.S.C, Chapter 33 (Post-9/11 Educational Assistance) were able to transfer their benefits to their dependent spouse or children. Any member of the Armed Forces, active duty, or Selected Reserve, officer or enlisted, on or after 1 August 2009, who is eligible for the Post-9/11 GI Bill, had at least 6 years of service on the date of election may transfer unused Post-9/11 benefits to their dependents. The Department of Defense issued a regulation that authorized the Military Departments to offer service members the option to transfer benefits. The Secretary of the Air Force determined the Air Force would offer the transfer of benefits feature. The transfer must be initiated while the member is serving in the Armed Forces, which is defined as limited to those serving on active duty or in the Selected Reserves. The applicant initially applied for transfer of 36 months to his oldest daughter. He states he set up one month for each of his dependents in the TEB; yet, there is no documentation to support that contention. An e-mail was sent to the applicant from the Total Force Service Center on 19 April 2010, stating that he must specify the number of months being transferred. The evidence suggests he assigned 36 months to his oldest daughter. On 14 August 2010, there was an update of 36 months to his oldest daughter. Additionally, the applicant declined counseling from the Education Office during his Pre-Separation Counseling. The applicant has failed to show an error on behalf of the Air Force. The complete DPSIT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 October 2012, for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. ________________________________________________________________ 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 this case; however, we find insufficient evidence of an error or injustice to warrant corrective action. The facts and opinions stated in the advisory opinion appear to be based on the evidence of record; most notably, that the applicant was sent a notice to specify the number of months he wished to transfer to each dependent and he transferred 36 months to his oldest daughter. Based on the evidence before us, it appears the applicant failed to exercise due diligence to insure the transfer of benefits was effected as he intended. 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 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 AFBCMR Docket Number BC-2012-03582 in Executive Session on 9 May 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Aug 12. Exhibit B. Letter, AFPC/DPSIT, dated 18 Sep 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 1 Oct 12. Panel Chair