RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01022

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

At the time of his retirement there were no provisions available 
under Veterans’ Education Assistance Program (VEAP) or the  
Montgomery GI Bill (MGIB) to transfer education benefits (TEB) 
to his dependent.

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

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STATEMENT OF FACTS:

The applicant is a former Regular Air Force member who retired 
on 1 Nov 06.

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 indicating there is no evidence of 
an error or injustice.  The applicant retired on 1 Nov 6, well 
prior to the 1 Aug 09 effective date of the provisions of the 
Post-9/11 GI Bill program that allow educational benefits to be 
transferred to dependents.  There is no evidence showing the 
applicant was not properly counseled in accordance with the law 
and Department of Defense (DoD) regulations.  

Service members of the Armed Forces who, on or after 1 Aug 09, 
eligible for the Post-9/11 GI Bill, had at least six years of 
service on the date of election and agreed to serve (if 
applicable) a specified additional period from the date of 
election, may transfer unused Post-9/11 GI Benefits to their 
dependents.  The transfer of such entitlements must be done 
while the service member is on active duty.

The complete AFPC/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 15 Mar 13, for review and comment within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.

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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 an 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 the 
applicant has not been the victim of an error or injustice.  The 
applicant retired from active duty almost three years prior to 
the effective date of the provisions of the Post-9/11 GI Bill 
program that allow educational benefits to be transferred to 
dependents and he has provided no evidence whatsoever to 
indicate that he is 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 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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-01022 in Executive Session on 16 Dec 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 23 Feb 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSID, dated 1 Mar 13.
	Exhibit D.  Letter, SAF/MRBR, dated 15 Mar 13.




                                   
                                   Panel Chair