RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04912 COUNSEL: NONE XXXXXXXXXX HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. APPLICANT CONTENDS THAT: He designated one month of Post-9/11 GI Bill benefits to each of his dependents; however, when he retired and the records were transferred to the Department of Veterans Affairs (DVA), it appears the designation of benefits was dropped out of the system. He contacted both the Air Force Personnel Center and the DVA to correct this error and was advised that submitting a request to the Board was his only option. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 12 February 1982, the applicant entered the Regular Air Force. On 1 March 2012, the applicant retired after serving 30 years and 19 days on active duty. Transferability of Unused Education Benefits to Family Members. Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post- 9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. For individuals eligible for retirement on 1 August 2009, no additional service is required. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The Department of Defense (DoD) issued a regulation, Directive Type Memo (DTM) 09-003, that authorized the Military Departments to offer service members the option to transfer benefits. The Secretary of the Air Force determined that the Air Force would offer the transfer of benefits feature. The transfer must be initiated while the member is serving in the Armed Forces. 38 U.S.C. requires the Secretary to provide members with information on the Post-9/11 GI Bill as specified in DoD regulations. DTM 09-003, dated 22 June 2009 required the Military Departments to provide and document individual pre-separation or release from active duty counseling on Post-9/11 GI Bill benefits. There is no record which reflects the applicant made an inquiry or attempt to apply for the Transfer of Education Benefits prior to his retirement. Additionally, according to his DD Form 2648, Preseperation Counseling Checklist for Active Component Service Members, the applicant declined education counseling. There is no evidence that an injustice has occurred. The complete DPSIT evaluation, with attachment, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 13 December 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit D). 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 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 the rationale expressed as the basis for our conclusion 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 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 this application in Executive Session on 1 December 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR BC-2013-04912 was considered: Exhibit A. DD Form 149, dated 26 September 2013. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 18 November 2013, w/atch. Exhibit D. Letter, SAF/MRBR, dated 13 December 2013. 1 2