RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01980 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: His option to transfer his Post-9/11 GI Bill educational benefits to his dependent son be approved. ________________________________________________________________ APPLICANT CONTENDS THAT: He wants his son to have the benefit of a good education. The applicant did not provide any additional documentation in support of his request. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to documents extracted from the Military Personnel Database System (MilPDS), the applicant is a former member of the Regular Air Force who served from 24 March 1993 through 21 October 2002. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the applicant retired on 22 October 2002. 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 can only recommend denial. They find there has been no injustice to the extent that a service member did not receive adequate counseling as required by law and DoD regulation. 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 10 May 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 transfer of educational benefits program he is not eligible to transfer educational benefits to his dependents 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. 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 24 January 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2013-01980: Exhibit A. DD Form 149, dated 16 April 2013. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, AFPC/DPSIT, dated 2 May 2013. Exhibit D. Letter, SAF/MRBR, dated 10 May 2013.