RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-02012
				COUNSEL:  NONE
                   		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be able to transfer his Post-9/11 GI Bill benefits to his 
dependents.  

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APPLICANT CONTENDS THAT:

He was unaware of the Transfer of Education Benefits (TEB) 
process prior to his retirement.  

In support of his appeal, the applicant provides a personal 
statement.  

The applicant’s complete submission, with attachment, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
retired effective 1 July 2007, in the grade of master sergeant 
(E-7).  

The remaining relevant facts, extracted from the applicant’s 
military service records, are contained in the evaluation by the 
Air Force office of primary responsibility at Exhibit C. 

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the program for the 
TEB started 1 August 2009.  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.  Since the applicant 
retired effective 1 July 2007, their office finds no evidence of 
an error or injustice.  



The complete 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 31 May 2013 for review and comment within 30 days 
(Exhibit D).  As of this date, this office has received no 
response. 

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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 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.  After a 
thorough review of the evidence of record and the applicant's 
submission, we agree with the opinion and recommendation of the 
Air Force office of primary responsibility that since the 
applicant retired prior to the implementation of the Post-9/11 
GI Bill Transfer of Education Benefits (TEB) program, he is not 
eligible to transfer educational benefits and he has not been 
the victim of an error or injustice.  In view of the above, 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 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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-02012 in Executive Session on 16 December 2013, 
under the provisions of AFI 36-2603:

                  , Panel Chair 
                  , Member
                  , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2013-02012:

Exhibit A.  DD Form 149, dated 10 May 13, w/atch.
Exhibit C.  Letter, AFPC/DPSIT, dated 20 May 13.
Exhibit D.  Letter, SAF/MRBR, dated 31 May 13.