RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03833 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He was not properly briefed on the new or pending changes in educational benefits prior to his retirement. He also believes he was discriminated against due to his retirement date. The requirements were less stringent for those retiring after him. He honorably served 23-plus years in the military. In support of his request, the applicant submits a copy of a letter from the Department of Veterans Affairs. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Effective 1 Jul 08, the applicant was retired from the Regular Air Force. He served 23 years and 5 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: DPSIT recommends denial since the program was not in effect at the time of the applicant’s retirement. The complete DPSIT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates much of his earlier contentions. He feels he should be afforded the same rights and benefits as the service members who were eligible for the Post 9/11 GI Bill Transfer entitlement. He notes that almost seven years of his service was completed during the Post 9/11 era and he should be afforded the entitlement. The applicant’s complete submission is at 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 error or injustice. In this respect, we note the applicant retired effective 1 Jul 08, well before the 1 Aug 09 effective date established by law for Transfer of Post-9/11 GI Bill Benefits to Dependents (TEB). As such, he is precluded by law from being eligible to participate in the TEB. Therefore, in the absence of evidence to the contrary, we find no legal 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 involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 9 Feb 12, under the provisions of AFI 36- 2603: The following documentary evidence was considered in BC-2011- 03833: Exhibit A. DD Form 149, dated 30 Sep 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIT, dated 13 Oct 11. Exhibit D. Letter, SAF/MRBR, dated 4 Nov 11. Exhibit E. Letter, Applicant, dated 28 Nov 11.