RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03096 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 G.I. Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He was not offered an opportunity to transfer his Post-9/11 G.I. Bill benefits to his dependents before he retired. He would like to transfer his education benefits to his dependents so that they can go to college. His complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force on 31 Jan 09 in the grade of technical sergeant. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial since the applicant retired on 31 Jan 09 and the Transfer of Benefits (TEB) did not begin until 1 Aug 09. Title 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.” The complete DPSIT evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation were forwarded to the applicant on 6 Aug 12 for review and comment within 30 days. 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 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 that since the applicant retired prior to the implementation of the Post-9/11 G.I. Bill education program he is not eligible to transfer education benefits and he has not been the victim of an error or injustice. In view of the above, 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-2012-03096 in Executive Session on 27 Mar 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for Docket Number BC-2012- 03096 was considered: Exhibit A. DD Form 149, dated 5 Jul 12. Exhibit B. Letter, APFC/DPSIT, dated 23 Jul 12. Exhibit C. Letter, SAF/MRBR, dated 6 Aug 12. Panel Chair