RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-03970
		COUNSEL: NONE
		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his 
dependents.

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APPLICANT CONTENDS THAT:

1.  He was not informed of the requirement to transfer his Post-
9/11 GI Bill benefits while on active duty.  This affects his 
ability to transfer his previously approved Post-9/11 GI Bill 
education benefits to his dependents.  Had he known he needed to 
be on active duty in order to transfer his benefits, he would 
have considered doing so; however, he was never given that 
option.  

2.  He applied and was approved for the Post-9/11 GI Bill 
transfer of educational benefits (TEB) program as soon as it 
became effective.  He recalls reading an article which stated 
there was no requirement to be on active duty in 2009.  

3.  He wrote a letter to President Obama requesting his 
assistance but was informed it may take months to receive a 
reply.

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

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STATEMENT OF FACTS:

On 1 Oct 06, the applicant retired in the grade of master 
sergeant.  He served 20 years, 7 months and 12 days of total 
active service. 

?
Any member of the Armed Forces, active duty or Selected Reserve, 
officer or enlisted, on or after 1 Aug 09, who is eligible for 
the Post-9/11 GI Bill, has at least 6 years of service in the 
Armed Forces on the date of election, and agrees to serve a 
specified additional period in the Armed Forces from the date of 
election (if applicable), may transfer unused Post-9/11 benefits 
to their dependents pursuant to Service regulations (38 USC 
3319(b)(1).

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states that the applicant 
retired effective 1 Oct 06 and the program for the TEB started 
1 Aug 09.  Therefore, there is no injustice to the extent that 
the applicant did not receive adequate counseling as required by 
law and Department of Defense (DoD) regulation.

The complete DPSIT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 Sep 12, for review and comment within 30 days 
(Exhibit D).  As of this date, this office has not received a 
response.

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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 and adopt its 
rationale as the basis for our conclusion that 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.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

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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. 

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The following members of the Board considered AFBCMR BC-2012-
03970 in Executive Session on 3 Jun 13, under the provisions of 
AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Aug 12, w/atch.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIT, dated 7 Sep 12.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Sep 12.