RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01507 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill education benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: While he was on active duty he was not able to transfer his remaining education benefits to his youngest son because he was not 18 years old. The applicant's complete submission, with an attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Air Force Reserve member who was transferred to the Retired Reserve on 25 May 10. The website for the transfer of Post-9/11 GI Benefits states any member of the Armed Forces, active duty or Selected Reserves, officer, or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 GI 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 of duty in the Armed Forces from the date of election, may transfer unused Post-9/11 benefits to their dependents. An individual approved to transfer an entitlement to educational assistance under Post-9/11 may transfer their entitlement to: The individual's spouse; one or more of the individual’s children, any combination of spouse and child, a family member must be enrolled in the Defense Eligibility Enrollment Reporting System (DEERS) and be eligible for benefits, at the time of transfer to receive transferred educational benefits. 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: NGB/A1YR recommends denial indicating there is no evidence of an error or injustice. There is not an age limit for how young a dependent can be, to be designated by the service member to receive Post-9/11 GI Bill education benefits. The Transfer of Education Benefits (TEB) website pulls its dependent data from the Defense Enrollment Eligibility Reporting System (DEERS). Any child dependent (except for legal Wards) listed in DEERS from ages newborn to 20 years old, if not a full-time student in college, or ages 21 years to 22 years, if full time college student, may be designated to receive the education benefits. The complete NGB/A1YR 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 19 Jun 12, for review and comment within 30 days. 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. 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 the evidence presented did not demonstrate the existence of an 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-2012-01507 in Executive Session on 11 Feb 13, under the provisions of AFI 36-2603: Acting Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Apr 12, w/atchs. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, NGB/A1YR, dated 22 May 12. Exhibit D. Letter, SAF/MRBR, dated 19 Jun 12. Acting Panel Chair