RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03477 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: His intentions were to give his dependents the GI Bill. The GI Bill allowed him to transfer his benefits; however, with stipulations that he was not aware of. The first stipulation was for those with an approved retirement date after 1 Aug 09, and before 1 Jul 10, would qualify with no additional service. The second was for those eligible for retirement after 1 Aug 09, but before 1 Jul 10, could qualify with one additional year of service, after approval to transfer their Post 9/11 GI Bill benefits. On 10 Feb 2010, he applied to transfer his Post 9/11 benefits and it was denied for lack of service commitment. AFPC indicated they used the application date not the retirement date to determine eligibility. However, he was informed that he could either move his retirement date to 1 Mar 11, to meet the requirement, or move his retirement date before 1 Jul 10 to meet the first stipulation noted above. He was later informed that he could only withdraw or change his retirement date if he had a severe hardship or was promoted. Consequently, AFPC would not extend his enlistment beyond his DOS. He followed the guidelines and advice given to him, but was denied due to having an approved retirement date. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty and various other documents associated with his request. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant retired in the grade of technical sergeant (E-6) effective 1 Sep 10, after serving 21 years and 21 days on active duty. Service members enrolled in the Post-9/11 GI Bill program are able to transfer unused educational benefits to their spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09 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 can transfer their unused Post-9/11 benefits to their dependents. However, the transfer of such entitlement can only be done while serving as a member of the Armed Forces when the transfer is executed. 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 B. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the applicant applied for retirement on 31 Dec 09, with a retirement date of 1 Sep 10. The member states in his email to his First Sergeant that there are a couple of stipulations that apply to him, but the first stipulation does not apply to the applicant; however, the second one does but the member failed to act on it. The applicant subsequently tried to apply for Transfer of Educational Benefits (TEB) on 10 Feb 10, and was denied. In accordance with AFI 36-3203, Service Retirements, paragraph 2.22, Request for Withdrawal or Change of Month: When a member gives a signed retirement package to the Military Personnel Flight (MPF), the member cannot withdraw the application, nor can the member change the approved retirement date except for the following reasons: severe hardship not common to Air Force members; in the best interest of the Air Force; or to accept an active duty promotion that requires the member to serve past the requested or approved retirement date. To request withdrawal or change to the month of retirement, the member must submit written justification. Hardship would be the only case for a member to change his retirement date. Based on the above information, the applicant failed to apply for the benefit prior to submitting his retirement application. The complete DPSIT evaluation, with attachment, is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 28 Aug 12, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). ________________________________________________________________ _ 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. 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 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 Docket Number BC-2012-03477 in Executive Session on 11 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to Docket Number BC-2012-03477 was considered: Exhibit A. DD Form 149, dated 18 Jul 12, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 15 Aug 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 28 Aug 12.