RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02088 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill education benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He was not briefed prior to his retirement on transferring Post- 9/11 education benefits to his dependents. He thought as long as he had an honorable discharge and was within the 10 year time- frame he would be entitled to his education benefits and if he needed he could transfer the remaining benefit to his dependents. As an Individual Mobilization Augmentee (IMA), his outprocessing consisted of various people signing appropriate blocks and waiting to receive his retirement certificate through the mail. The applicant's complete submission, with an attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a Air Force Reserve member who was transferred to the Retired Reserve on 14 Feb 08. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating there is no evidence of an error or injustice. The Post-9/11 GI Bill benefits were available on 29 Jun 09, however, the law required the service member to be on active duty or selected reserve on 1 Aug 09 in order to be eligible to participate in the transfer of education benefits (TEB). The TEB must be executed while the service member is on active duty. There is no opportunity to transfer education benefits if the service member retired prior to 1 Aug 09. The applicant retired on 15 Feb 08, prior to the effective date of the program. While the applicant is ineligible to transfer his benefits, he retains the right to use the benefits himself. The complete ARPC/DPTT 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 19 Jun 12, 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 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 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 and adopt its rationale as the basis for our conclusion that 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-2012-02088 in Executive Session on 11 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Apr 12, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 18 Jun 12. Exhibit D. Letter, SAF/MRBR, dated 19 Jun 12. Panel Chair