RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04831 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that he is eligible to transfer his Post-9/11 GI Bill benefits. _________________________________________________________________ APPLICANT CONTENDS THAT On 11 Jul 09, he was forced into medical retirement due to medical problems that occurred while he was on active duty. The fact he had to retire before being eligible to transfer his Post- 9/11 GI Bill benefits on 1 Aug 09 is unjust. In support of his request, the applicant provides his DD Form 214 Certificate of Release or Discharge from Active Duty, his retirement orders, and his enrollment for the Montgomery GI Bill Act of 1984. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 11 Jul 09, the applicant was permanently disability retired from active duty. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in 38 U.S.C., Chapter 33 (Post-9/11 Educational Assistance), 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 benefits, has at least six years of service in the Armed Force on the date of election, and agrees to serve a specified additional period in the Armed Forces on the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Serve regulations (38 U.S.C. § 3319(b)(1)). The member is not eligible for the program based upon his retirement date of 11 Jul 09. The complete 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 13 Jan 12 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 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. While it is regrettable the applicant was permanently retired for physical disability so close to attaining eligibility to transfer his Post-9/11 GI Bill benefits, he has presented no evidence of an error or injustice in his disability processing, to include the manner in which his ultimate retirement date was calculated. Therefore, in the absence of evidence that he was treated differently than those similarly situated, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2011-04831 in Executive Session on 3 Apr 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Dec 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 6 Jan 12. Exhibit D. Letter, SAF/MRBR, dated 13 Jan 12.