RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:    DOCKET NUMBER:  BC-2013-00978
		
		     COUNSEL:  NONE

	             HEARING DESIRED:  NOT INDICATED

________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be amended to show his eligibility to accomplish a 
Post-9/11 GI Bill transfer of educational benefits (TEB) to his 
dependent daughter.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He served in the Air Force for 24 years to include service 
during and after 9/11.  While in the military he could not 
transfer the education benefits because his daughter was not old 
enough to attend college, however, she is old enough now and he 
would like to transfer the education benefits to her.   

The applicant did not provide any evidence in support of his 
request.  

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

According to copies of documents extracted from the Automated 
Records Management System (ARMS) the applicant is a former 
member of the Regular Air Force who served from 16 November 1982 
through 15 November 1986, and from 13 February 1987 until his 
retirement on 1 March 2007.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the applicant 
retired on 1 March 2007.  The program for Transfer of 
Educational Benefits started on 1 August 2009.  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.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 22 March 2013, for review and comment within 30 
days (Exhibit D).  To date, a response has not been received.  

________________________________________________________________

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 for this benefit and is not a 
victim of an error or injustice.  In view of the above, 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 issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

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.

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 16 December 2013, under the provisions 
of AFI 36-2603:

			, Panel Chair
			, Member
			, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2013-00978:

    Exhibit A.  DD Form 149, dated 14 February 2013.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIT, dated 7 March 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 22 March 2013.