RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05207 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill Educational benefits to her dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: She was not given the option to transfer her Post-9/11 GI Bill benefits to her dependents prior to her retirement. In support of her request, the applicant provides copies of her DD Form 214, Certificate of Release or Discharge from Active Duty; VA Form 22-1990E, Application for Family Member to Use Transferred Benefits, and DD Forms 1173, United States Uniformed Services Identification and Privilege Card. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was medically separated from the Air Force in the grade of senior airman (SrA, E-4) effective 16 Sep 2005. She served 13 years, 3 months and 15 days of active service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states that in accordance with 38 USC, Chapter 33, Section 3319(f), “an individual...may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.” The applicant retired from the Air Force on 16 Sep 2005; therefore, she was not eligible to transfer benefits to her dependents since she was not on active duty on or after 1 Aug 2009. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 14 Dec 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). ________________________________________________________________ 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. ________________________________________________________________ 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-2012-05207 in Executive Session on 12 Aug 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Nov 2012, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 19 Nov 2012. Exhibit C. Letter, SAF/MRBR, dated 14 Dec 2012. Panel Chair