RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04374

                  		     COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be made eligible to transfer his Post 9/11 GI Bill Educational Benefits to his dependents. 

APPLICANT CONTENDS THAT:

He was not afforded the opportunity to transfer his Post 9/11 GI Bill educational benefits to his dependents because he retired in 2007 and the legislation to do this was effective in 2009.

He has earned transfer of educational benefits because he served honorably before and after 9-11-2001 for 25 years, 7 months and 8 days. 

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

STATEMENT OF FACTS:

On 23 Feb 82, applicant initially entered the Regular Air Force.

On 30 Sep 07, the applicant was furnished an honorable discharge, and was credited with 25 years, 7 months and 8 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/DP3SA recommends denial indicating there is no evidence of an error or an injustice.  The member is ineligible to transfer Post 9/11 GI Bill educational benefits to his dependents.  By law and DOD regulations, the program started in Aug 09 and specifies a member can only execute the educational transfer while serving as member of the Armed Forces.  

A complete copy of the AFPC/DP3SA evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to receiving a copy of the OPR advisory, (Exhibit D), by stating he qualified for the transfer of his Post 9/11 GI Bill educational benefits because he fulfilled the Active Duty Service Commitment and, as an exception, no further service was necessary to qualify (Exhibit E).

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, to include his rebuttal, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  We recognize the applicant’s lengthy and honorable service of over 25 years culminating in his retirement in 2007.  Unfortunately, eligibility to transfer Post 9/11 GI Bill educational benefits to a member’s dependent(s) was effective in 2009 and by law and DOD regulations, specifies a member can only execute the transfer while serving as member of the Armed Forces.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-04374 in Executive Session on 13 Dec 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04374 was considered:

	Exhibit A.  DD Form 149, dated 7 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 17 Feb 16.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Apr 16.
     Exhibit E.  Letter, Applicant, dated 25 Apr 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.