RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03052
		
		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:

He was told he could transfer his benefits to his dependents at 
anytime.  After retiring, he learned that transfer of benefits 
is only available to active duty personnel.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired on 1 Jan 12 in the grade of technical 
sergeant (E-6).  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is at Exhibit B. 
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AIR FORCE EVALUATION:

ARPC/DPSIT recommends denial.  The Post-9/11 GI Bill, Chapter 33 
became effective 1 Aug 09.  Any member of the Armed Forces who, 
on or after 1 August 2009, is eligible for the Post-9/11 GI 
Bill, had at least 6 years of service on the date of election 
may transfer unused Post-9/11 benefits to their dependents.

Service Secretaries were required, as of 22 Jun 09, to provide 
and document counseling regarding these benefits.  The Air Force 
issued AFGMI on 23 Jul 09, which required pre-separation 
counseling be documented on DD Form 2648.  

DoD developed a special website to facilitate the transfer of 
educational benefits.  On 27 Jun 09, the website was operational 
for the purpose of accepting transfer of benefits applications.  
Both the DTM and AFI 36-2306 state the transfer must be made 
while the member is serving in the Armed Forces.  Both documents 
were published on government-hosted websites prior to 1 Aug 09, 
the effective date of the Post-9/11 GI Bill.

Based on the facts provided, the applicant did not transfer his 
benefits to his dependents prior to his retirement and he has 
not provided any evidence that his failure to do so was the 
result of his being improperly briefed prior to retirement.   

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 20 Aug 12, for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.

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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 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 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 provided sufficient evidence that he was 
denied the opportunity to transfer benefits to his dependents 
and or that he was miscounseled.  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 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

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-03052 in Executive Session on 29 Jan 13, under 
the provisions of AFI 36-2603:

		 , Panel Chair
		    , Member
			, Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jul 12.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIT, dated 31 Jul 12.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Aug 12.