RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03817
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to accomplish a Post-9/11 GI Bill transfer of 
educational benefits (TEB) to his dependent children.

________________________________________________________________

APPLICANT CONTENDS THAT:

The rules for the Post-9/11 GI Bill TEB was not published, 
issued, or provided to him prior to his approved retirement date 
in May 2008.  At no time was he briefed on any additional 
requirements to transfer Post-9/11 GI Bill educational benefits 
to his dependents.  The rules were implemented after his 
retirement and prevented any opportunity for him to fully meet 
requirements.  

The applicant’s complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

According to documents provided by the applicant, he is a former 
member of the Regular Air Force who served from 3 September 1982 
to 31 May 2009.  He was progressively promoted to the rank of 
Senior Master Sergeant (SMSgt), E-8, and was retired from active 
duty with an honorable characterization of service and credited 
with serving 26 years, 6 months and 28 days of active duty 
service.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the applicant 
voluntarily submitted for retirement in May 2008.  The Post-9/11 
GI Bill TEB program started on 1 August 2009.  Chapter 38 
U.S.C., 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 program was 
not in effect at the time of the applicant’s retirement on 
31 May 2009.  

The complete DPSIT evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 September 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D).  To date, a response has not been received.  

________________________________________________________________

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 (OPR) that since the applicant 
retired prior to the implementation of the Post-9/11 GI 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 this application 
in Executive Session on 3 June 2013, under the provisions of AFI 
36-2603:

			, Panel Chair
			, Member
			, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-03817:

    Exhibit A.  DD Form 149, dated 4 August 2012.
    Exhibit C.  Letter, AFPC/DPSIT, dated 7 September 2012.
    Exhibit D.  Letter, SAF/MRBR, dated 17 September 2012.




                                   
                                  


AFBCMR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews NAF Washington, MD 20762




Dear:

	Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 
10 USC), AFBCMR Docket Number BC-2012-03817. 

	After careful consideration of your application and military records, the Board determined 
that the evidence you presented did not demonstrate the existence of material error or injustice.  
Accordingly, the Board denied your application.

	You have the right to submit newly discovered relevant evidence for consideration by the 
Board.  In the absence of such additional evidence, a further review of your application is not 
possible.

	
Attachment:
Record of Board Proceedings


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DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC


Office of the Assistant Secretary