RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01493

			COUNSEL:  NONE

			HEARING DESIRED:  NO 




APPLICANT REQUESTS THAT:

He be able to transfer his Post 9/11 GI Bill benefits to his 
dependents.



APPLICANT CONTENDS THAT:

He retired in 2004 after serving 27 years and the option to 
transfer his Post 9/11 GI Bill benefits was not available at the 
time of his retirement.  Only after meeting with a Department of 
Veterans Affairs did he find out about this option.

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



STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 21 Jun 
76.

On 31 Mar 04, the applicant retired with an Honorable discharge, 
and was credited with 27 years, 9 months, and 10 days of active 
service.   

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    



AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant retired effective 
31 Mar 04.  By law and DoD regulations, the program for the 
Transfer of Benefits started 1 Aug 09.  30 USC, Chapter 33, 
Section 3319(f)(1) states:  “an individual…may transfer such 
entitlements only while serving as a member of the armed forces 
when the transfer is executed.” 

Based on the applicant’s retirement date, he retired before the 
transfer of benefits program was established. A member cannot 
obtain approval for a program that did not exist at the time of 
separation/retirement.

A complete copy of the AFPC/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 30 Sep 14 for review and comment 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 timely filed.

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 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error of injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the requested relief.



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.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-01493 in Executive Session on 7 Apr 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-01493 was considered:

	Exhibit A.  DD Form 149, dated 04 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 30 May 14.
	Exhibit D.  Letter, SAF/MRBR, dated 30 Sep 14.