RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF:DOCKET NUMBER: BC-2013-01681 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits. ________________________________________________________________ APPLICANT CONTENDS THAT: He believes it is unjust that his transfer of entitlements had to be done while on active duty. He was not made aware of this; therefore, he was unable to make the transfer. In support of the appeal, the applicant submits his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force on 31 July 2008 in the grade of technical sergeant. The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility which is listed at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 August 2009, 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 agrees to serve a specified additional period in the Armed Forces from the date of election (if eligible), may transfer unused Post-9/11 benefits to their dependents pursuant to service regulations 38 U.S.C. 3319(b)(1). The transfer must be initiated while the member is serving in the Armed Forces. The applicant retired on 31 July 2008. The program for the transfer of benefits began on 1 August 2009. There has been no injustice to the extent the member did not receive adequate counseling as required by law and Department of Defense regulation. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 May 2013, for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. ________________________________________________________________ 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 this case; however, we find insufficient evidence of an error or injustice to warrant corrective action. Most notably, that the program was not in effect at the time of the applicant’s retirement. Therefore, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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 AFBCMR Docket Number BC-2013-01681 in Executive Session on 10 December 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dtd 30 Mar 13, w/atch. Exhibit B. Letter, AFPC/DPSIT, dtd 18 Apr 13. Exhibit C. Letter, SAF/MRBR, dtd 3 May 13. 1 2