RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02707 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill educational benefits to his spouse. ________________________________________________________________ THE APPLICANT CONTENDS THAT: When he separated he was not given the option to convert his Montgomery GI Bill to the Post-9/11 GI Bill so that he could utilize the Transfer of Educational Benefits (TEB) for his spouse. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 27 Jan 09, the applicant was discharged from active duty with a reason for separation of completion of required active service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, noting the applicant was separated effective 27 Jan 09. The program for the TEB started 1 Aug 09. Since 38 USC, Chapter 33, Section 3319 (f) (1) states "an individual... may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed." They did not find any evidence of an injustice to the extent the applicant did not receive adequate counseling as required by law and DoD regulation. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 22 Aug 12 for review and response. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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 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 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-2012-02707 in Executive Session on 9 May 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-02707 was considered: Exhibit A. DD Form 149, dated 23 May 12. Exhibit B. Letter, AFPC/DPSIT, dated 30 Jul 12. Exhibit C. Letter, SAF/MRBR, dated 22 Aug 12.