RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02528
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

The option to transfer Post 9/11 education benefits to his 
dependents was not available prior to his retirement.  

He was not adequately informed about options to create 
conditions that would have allowed him to transfer benefits to 
his dependents.  If he were informed, he would have extended his 
service to allow the transfer of Post 9/11 education benefits to 
his dependents.  He meets all qualifications for eligibility and 
was awarded Post 9/11 education benefits for himself.

In support of his request, the applicant provides copies of his 
Department of Veterans Affairs (DVA) Certificate of Eligibility 
and DD Form 214, Certificate of Release or Discharge from Active 
Duty.

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

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STATEMENT OF FACTS:

The applicant retired from the Air Force in the grade of colonel 
effective 1 Jul 2004.

Post 9/11 GI Bill:  Any member of the Armed Forces (active duty 
or Selected Reserve, officer or enlisted) on or after 1 Aug 
2009, who is eligible for the Post 9/11 GI Bill, and: 

*	Has at least six years of service in the Armed Forces on 
the date of election and agrees to serve four additional 
years in the Armed Forces from the date of election. 

*	Has at least 10 years of service in the Armed Forces 
(active duty and/or selected reserve) on the date of 
election, is precluded by either standard policy (service 
or DoD) or statute from committing to four additional 
years, and agrees to serve for the maximum amount of time 
allowed by such policy or statute, or 

*	Is or becomes retirement eligible during the period from 
1 Aug 2009, through 1 Aug 2013.  A service member is 
considered to be retirement eligible if he or she has 
completed 20 years of active duty or 20 qualifying years of 
reserve service. 

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AIR FORCE EVALUATION:

HQ AFPC/DPSIT recommends denial.  DPSIT states the applicant was 
not on active duty on or after 1 Aug 2009, therefore, he is not 
eligible to transfer benefits to his dependents.  The applicant 
provides no evidence of error or injustice on the part of the 
Air Force.

The complete DPSIT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 Oct 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, no response has been received by this office (Exhibit 
C).

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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.  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 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.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-02528 in Executive Session on 8 Jan 2013, under 
the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered in AFBCMR BC-
2012-02528:

     Exhibit A.  DD Form 149, dated 7 May 2012, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 2 Jul 2012.
     Exhibit C.  Letter, SAF/MRBR, dated 22 Oct 2012.