RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02225 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ _ APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to her dependents. ________________________________________________________________ _ APPLICANT CONTENDS THAT: She was informed that she had up to ten years after retirement to transfer her benefits to her dependents. The applicant provides no additional documentation in support of her appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Reserve Order EK 0436 dated 20 October 2005, states the applicant transferred to the Retired Reserves effective 14 November 2005 in the grade of technical sergeant. Any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill, has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve a specified additional period in the Armed Forces from the date of election. The remaining 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 C. ________________________________________________________________ _ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states the mechanism for transferring benefits was available on 29 June 2009 but, by law, the applicant was required to be active duty or selected reserve on 1 August 2009 as well as on the date the request to transfer was initiated. Each year, Congress reconsiders allowing the transfer opportunity for members who retired before the inception of the program. To date Congress has declined to make that change. There is no opportunity to transfer if the member retired prior to 1 August 2009. To be eligible for benefits, a member must have a minimum 90 days of qualifying active duty defined in DTM 09-003 for members of the Reserve Components of the Armed Forces as “service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(G), 12302, or 12304 of Title 10 USC.” The applicant had seven days of qualifying active duty. Based on the facts provided, the applicant is not eligible to transfer her benefits to her dependents. Nor does the applicant have benefits to use herself. The DPTT complete evaluation, with attachments, is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 June 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit D). As of this date, no response has been received by this office. ________________________________________________________________ _ 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’s contentions are duly noted; 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. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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-2013-02225 in Executive Session on 27 March 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 May 2013. Exhibit B. Applicant’s Available Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 11 June 2013, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 21 June 2013.