RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03820 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He was not aware that transfer of education benefits to dependents had to be done while on active duty. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill, has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve a specified additional period in the Armed Forces from the date of election. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: DPSIT recommends denial since the applicant retired effective 1 May 2003 and the program for the transfer of benefits was not effective until 1 August 2009. 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.” They find there has been no injustice to the extent that the service member did not receive adequate counseling as required by law and DoD regulation. The DPSIT complete evaluation is at Exhibit B. _________________________________________________________________ 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 response within 30 days (Exhibit C). 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 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 an 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 TEB program he is not eligible to transfer benefits to his dependents. In view of this, 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 an 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-2012-03820 in Executive Session on 5 June 2013, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03820 was considered: Exhibit A. DD Form 149, dated 17 August 2012. Exhibit B. Letter, AFPC/DPSIT, dated 30 August 2012. Exhibit C. Letter, SAF/MRBR, dated 17 September 2012.