RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05083 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependents. APPLICANT CONTENDS THAT: He was forced to retire in 2009 and did not have time to transfer his benefits. The applicant's complete submission is at Exhibit A. STATEMENT OF FACTS: Special Order No. AC–003505 dated 10 February 2009 reflects the applicant retired effective 1 July 2009 per AFI 36-3203 in the grade of major. He served 20 years and 12 days of active service for retirement. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the applicant retired on 1 July 2009. By law and DoD regulations, the program for the TEB started 1 August 2009. Since 38 USC, Chapter 33, Section 3319 (f) (1) states: “an individual….may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed,” we can only recommend denial. The DPSIT complete evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 27 June 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 the rationale expressed 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. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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. The following members of the Board considered AFBCMR Docket Number BC-2013-05083 in Executive Session on 1 December 2014, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05083 was considered: Exhibit A. DD Form 149, dated 25 October 2013, w/atchs. Exhibit B. Applicant’s Available Master Personnel Record. Exhibit C. Letter, AFPC/DPSIT, dated 8 January 2013[sic]. Exhibit D. Letter, SAF/MRBR, dated 27 June 2014. 1 2