RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03442 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 served 20 years and met all requirements of the Post-9/11 G.I. Bill; however, the option to transfer unused educational benefits to eligible family members was not presented to him as an option during his retirement briefing. It is unjust the program was not made retroactive to allow members retiring prior to 1 Aug 09 to transfer their benefits to their dependents. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Regular Air Force on 30 Nov 07. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate offices of the Air Force, which is at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The Transfer of Benefits (TEB) did not begin until 1 Aug 09 and the applicant retired on 30 Nov 07, which was well before the program’s establishment. 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: The Post-9/11 G.I Bill was enacted by Congress to provide veterans who served on active duty after 11 Sep 01 with an enhanced educational assistance benefit. However, the program was evolving and there were numerous changes to ensure the Bill represented the true “gratefulness” that Congress intended. Unfortunately, Congress did not take into account that a large majority of the brave members of the Armed Forces who were called upon to defend our Nation would be excluded from one of the most important and historical amendments of the Bill’s transferability. It is a clear injustice and produces a severe inequality if an individual meets all the eligibility requirements, but cannot utilize the most important amendment that allows educational benefits to be transferred to dependents. He served more than 6 years after 11 Sep 01 and was no less arduous than any other member that completed their service after 1 Aug 09. The applicant’s complete submission is at Exhibit D. _________________________________________________________________ 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. After a thorough review of the evidence of record and the applicant's submission, 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 GI Bill Transfer of Education Benefits (TEB) program, he is not eligible to transfer educational 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-2012-03442 in Executive Session on 27 Mar 13, under the provisions of AFI 36-2603: , Panel Chair , Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Jul 12, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 14 Aug 12. Exhibit C. Letter, SAF/MRBR, dated 28 Aug 12. Exhibit D. Letter, Applicant, dated 14 Sep 12.