RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02710
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Educational benefits to his dependents.
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APPLICANT CONTENDS THAT:

He was never given the opportunity to transfer his Post-9/11 GI Bill Educational benefits to his dependents prior to his retirement.

The applicant's complete submission is at Exhibit A.
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STATEMENT OF FACTS:

The applicant was retired from the Air Force in the grade of technical sergeant effective 1 Oct 2008.  He served 20 years and 29 days of active service.

Post-9/11 GI Bill Transferability:  Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on 
or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill.
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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT says that the applicant provides no evidence of error or injustice on the part of the 
Air Force.  The program for transfer of benefits began on 1 Aug 2009.  According to 38 USC, Chapter 33, § 3319 (f) (1) "an 
individual...may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed."  
The applicant was not on active duty on or after 1 Aug 2009, therefore, he is not eligible to transfer benefits to his dependents.

The complete DPSIT evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 Jun 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  As of 
this date, no response has been received by this office (Exhibit D).

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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 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 Docket Number BC-2013-02710 in Executive Session on 16 Apr 2014, under the provisions of AFI 36-2603:

 , Panel Chair
 , Member
 , Member

The following documentary evidence was considered: 

     Exhibit A.  DD Form 149, dated 17 May 2013.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIT, dated 11 Jun 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 2013.
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