RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02732 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependent. ________________________________________________________________ APPLICANT CONTENDS THAT: He did not have the opportunity to transfer his benefits while on active duty. He retired on 1 October 2007. The applicant provides no additional documentation in support of his appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: After serving 22 years and 12 days on active duty the applicant retired on 1 October 2007 under the provisions of AFI 36-3203 (Vol Retirement: Sufficient Service for Retirement) in the grade of master 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: AFPC/DPSIT recommends denial. DPSIT states the applicant retired before the start of the TEB program. The program for the TEB started 1 August 2009. Since 38 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.” There has been no injustice to the extent that the applicant did not receive adequate counseling as required by law and DoD regulation. The applicant can convert from the MGIB to the Post 9/11 by applying at the Department of Veterans Affairs (DVA) GI Bill website http://gibill.va.gov/benefits/post911gibill/index.html. Once there click on “Apply for Benefits” and submit an application through VONAPP. The DPSIT complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 10 July 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 since the applicant retired prior to the implementation of the Post-9/11 GI Bill education program he is not eligible to transfer education 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. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or 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-2013-02732 in Executive Session on 25 March 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 June 2013. Exhibit B. Applicant’s Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 17 June 2013. Exhibit D. Letter, SAF/MRBR, dated 10 July 2013. 2 3 4