RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00553
		COUNSEL: NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was informed by a Veterans Affairs (VA) counselor of his 
entitlement to transfer his Post-9/11 GI Bill educational 
benefits.  

In support of his request, the applicant provides a copy of VA 
Form 21-4138, Statement in Support of Claim. 

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

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STATEMENT OF FACTS:

On 30 Sep 04, the applicant was transferred to the Air Reserve 
Personnel Center.  On 2 Oct 04, he was assigned to the Retired 
Reserve Section and placed on the Retired Reserve List.  

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 agreed 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).

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C. 

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states that there has been 
no injustice to the extent that the service member did not 
receive adequate counseling as required by law and Department of 
Defense (DoD) regulation.  In addition, the Post-9/11 GI Bill 
program was not in effect during the period the applicant was on 
active duty. 

The complete DPSIT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 27 Feb 13, 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.

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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-2013-
00553 in Executive Session on 12 Nov 13, under the provisions of 
AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jan 13, w/atch.
    Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  Letter, AFPC/DPSIT, dated 13 Feb 13.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Feb 13. 
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