RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04096 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependent son while he was on active duty. _________________________________________________________________ APPLICANT CONTENDS THAT: The Department of the Veterans Affairs (DVA) has rated him as 100 percent disabled. His son has been in school since 18 Aug 12. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired due to medical disability on 12 Feb 03. The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. 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 Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve four additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 benefits to their dependents. However, the applicant retired in 2003 and is therefore not eligible to transfer his post-educational benefits. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The reason stated in the Air Force evaluation that he could have only transferred those benefits while on active duty makes no sense. The Post-9/11 law states that an individual that served for 90 days after 11 Sep 01 is eligible for the TEB. It also states that individuals who are discharged with a service connected disability are eligible. He met the requirement by serving until being medically discharged in Mar 03. If he could have served longer he would have, but could not due to medical issues (Exhibit D). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was untimely 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, to include his rebuttal response, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While the applicant argues the law provides that those who served more than 90 days after 11 Sep 01 may transfer their benefits to their dependents, the law clearly only provides that members such as the applicant are eligible for Post-9/11 GI Bill benefits in their own right. The transfer of these benefits to dependents is predicated on service performed on or after 1 Aug 09 which the applicant did not perform. Therefore, in the absence of evidence to the contrary, 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 material error or 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-2012-04096 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. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 18 Sep 12. Exhibit D. Letter, SAF/MRBR, dated 1 Oct 12. Exhibit E. Letter, Applicant, undated.