RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02319 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His option to transfer unused Post 9/11 GI Bill education benefits to his spouse and children be approved. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not afforded the opportunity to transfer his benefits to his dependents due to the fact that he retired before the Post 9/11 GI Bill education benefits transfer came into effect on 1 August 2009. If he had been given the option to transfer benefits there is no doubt that he would have done so and completed any necessary military obligation. He currently has two dependents attending college and having the ability to transfer his Post 9/11 GI Bill education benefits would greatly assist in their educational needs. There has been a lot of confusion regarding whether a retiree could transfer their benefits to their dependents and also the proper procedure used to transfer benefits. With clearer guidance he believes more retirees will apply to transfer their benefits to their dependents. The applicant did not provide any documents in support of his request. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to documents extracted from the Automated Records Management System (ARMS), the applicant is a former member of the Regular Air Force who served from 22 March 1982 to 31 July 2007. He was trained and served as an Munitions Systems Superintendent and was progressively promoted to the rank of Senior Master Sergeant (SMSgt), with a pay grade of E-8, effective 1 April 2004. He was retired from active duty with an honorable characterization of service and credited with serving 25 years, 4 months and 10 days of active duty service. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the program was not in effect at the time of the applicant’s retirement on 31 July 2007. The applicant has provided no evidence of error or injustice on the part of the United States Air Force. The complete DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 25 June 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). To date, this office has not received a response. ________________________________________________________________ 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. After a thorough review of the evidence of record and the applicant's submission, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) that since the applicant retired prior to the implementation of the Post 9/11 GI Bill education program he is not eligible to transfer education benefits and he has not been the victim of an error or injustice. In view of the above, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2012-02319 in Executive Session on 11 February 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 May 2012. Exhibit B. Applicant’s Master Personnel Record Exhibit C. Letter, AFPC/DPSIT, dated 12 June 2012. Exhibit D. Letter, SAF/MRBR, dated 25 June 2012.