RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01341 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill educational benefits to his dependent. ________________________________________________________________ APPLICANT CONTENDS THAT: The Post-9/11 GI Bill program was not in effect when he retired in 2005. He was told that he had to be on active duty to transfer his benefits. This is unfair to military members who retired or separated before the program started. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 Oct 05, the applicant retired in the grade of technical sergeant effective, after serving 24 years and 23 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 that there has been no injustice to the extent that the applicant did not receive adequate counseling as required by law and Department of Defense (DoD) regulation. In addition, the applicant retired on 30 Sep 05, [sic] and the Post-9/11 GI Bill program was not in effect until 1 Aug 09. Title 38, United States Code (USC), Chapter 33, section 3319(f)(1) states “an individual may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.” The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 Apr 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 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. While it is unfortunate that he retired prior to the effective date of the program, this in itself, does not serve to make him 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-2013-01341 in Executive Session on 12 Nov 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Mar 13, w/atch. Exhibit B. Letter, AFPC/DPSIT, dated 9 Apr 13. Exhibit C. Letter, SAF/MRBR, dated 19 Apr 13. 1 2