RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03120 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not fully briefed on what was required to transfer his benefits to his dependents before he retired. The applicant provides no additional documentation in support of his appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Reserve Order EK 1171 dated 27 November 2012, reflects the applicant was assigned to the Retired Reserves effective 5 May 2013 in the grade of master sergeant. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states service members enrolled in the Post-9/11 GI Bill program are able to transfer unused educational benefits to their spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, for the Post-9/11 GI Bill and has at least six years of service in the Armed Forces on the date of election and agrees to serve four additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 benefits to their dependents (38 USC, Chapter 33, Section 3319 (b)(l)). 38 USC, Chapter 33, Section 3319 (f)(l) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces (defined as active duty or selected reserve) when the transfer is executed. The mechanism for transferring Post- 9/11 GI Bill benefits has been available since 29 June 2009 but, by law, the member is required to be active duty or selected reserve on the date the request to transfer is initiated. Based on the facts provided, the applicant is not eligible to transfer his benefits to his dependents as defined in Public Law No. 110-252. The applicant retains the right to use the benefits himself. The DPTT complete evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 13 January 2014, 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 timely filed. 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. ________________________________________________________________ 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-2013-03120 in Executive Session on 26 June 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 June 2013. Exhibit B. Reserve Order EK 1171. Exhibit C. Letter, ARPC/DPTT, dated 11 September 2013, w/atch. Exhibit D. Letter, SAF/MRBR, dated 13 January 2014. 2 3 4