RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05543
		
			COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His option to transfer his Post-9/11 GI Bill educational 
benefits to his dependent daughter be approved.  
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APPLICANT CONTENDS THAT:

He received a letter that stated he was entitled to Post-9/11 GI 
Bill educational benefits.  He inquired into transferring the 
benefit to his daughter and received a letter that stated he was 
not able to transfer the educational benefit.  He spoke with a 
representative from the Department of Veteran’s Affairs (DVA) 
and was told that the rules have changed and he is now eligible 
for a Post-9/11 GI Bill transfer of educational benefits (TEB) 
to his daughter.  He was instructed to fill out the DD 149 and 
send it in to get the process started.  

In support of his request the applicant provided copies of copy 
1 and 4 of his DD Form 214, Certificate of Release or Discharge 
from Active Duty,  and correspondence from the DVA.  

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

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STATEMENT OF FACTS:

Applicant is a former member of the Regular Air Force who served 
from 05 February 1985 until his retirement on 1 January 2006.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial since the program for Transfer of 
Educational Benefits started on 1 August 2009, which is after 
his retirement.  In view of this and since 38 U.S.C., Chapter 
33, § 3319 (f) (1) states that “an individual …may transfer such 
entitlement only while serving as a member of the armed forces 
when the transfer is executed,” they recommend denial.  

The complete DPSIT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 December 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.  

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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.  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 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.

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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 this application 
in Executive Session on 24 September 2013, under the provisions 
of AFI 36-2603:

			, Panel Chair
			, Member
			, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-05543:

    Exhibit A.  DD Form 149, dated 24 November 2012, w/atchs.
    Exhibit C.  Letter, AFPC/DPSIT, dated 11 December 2012.
    Exhibit D.  Letter, SAF/MRBR, dated 21 December 2012.