RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00490 COUNSEL: NONE 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: Guidance was not published concerning the Transfer of Educational Benefits (TEB) until after she retired. Had the information been available she would have delayed her retirement for six months in order to transfer these benefits to her children. In support of her request, the applicant provides a copy of her NGB Form 22, Report of Separation and Record of Service. The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired in the grade of chief master sergeant effective 1 Mar 09, after serving 20 years, 7 months, and 16 days of active duty service. Additional relevant facts pertaining to this application, extracted from the applicant’s military records, 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 the applicant retired effective 31 Mar 09 (sic). The TEB program started on 1 Aug 09. Since 38 United States Code (U.S.C.), Chapter 33, Section 3319 (f)(1) states that “an individual…may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.” DPSIT finds there has been no injustice to the extent that the service member did not receive adequate counseling as required by law and Department of Defense regulations. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 27 Feb 13, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has received no 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 an error or injustice. The applicant argues that had the information been available on the Post-9/11 GI Bill, she would have delayed her retirement six months to qualify to transfer her educational benefits to her dependents; however, we are not convinced the applicant is the victim of an error or injustice, or that she has been treated differently than those similarly situated. In this respect, we note there is no way the applicant, or any other similarly situated airman, could have known the effective date of the program and, with this information from the future, decide to delay her retirement to earn the right to transfer benefits to which she was not yet entitled. While it is unfortunate that she was retired six months short of attaining eligibility to transfer her benefits, the fact is she did not serve as a member of the armed forces on or after 1 Aug 09 in accordance with the provisions of the governing statute and the proximity of her service to the effective date of the program, no matter how close, does not, by itself, serve to make her 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-2013-00490 in Executive Session on 24 Sep 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Jun 12. Exhibit B. Letter, AFPC/DPSIT, dated 13 Feb 13. Exhibit C. Letter, SAF/MRBR, dated 27 Feb 13. 1 2