RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00445 COUNSEL: NONE 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 was not informed of his eligibility for the Post-9/11 GI Bill until he enrolled in college. He was not aware he needed to transfer his benefits prior to discharge. The Board should consider his untimely application in the interest of justice because he was offered the Post-9/11 GI Bill benefits after his discharge. The applicant did not provide any documents to support his request. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 15 Oct 08, the applicant was discharged from the Air Force Reserve (USAFR). His Total Active Federal Military Service Date (TAFMSD) is 16 Oct 00. Transferability of unused benefits to dependents. • Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following: o Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or o Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application, is precluded by either Air Force policy (e.g., High Year Tenure [HYT]), DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant retired on 15 0ct 08. By law and Department of Defense (DoD) regulations, the program for the Transfer of Benefits (TEB) started 1 Aug 09. Title 38 United States Code, Chapter 33, states in part that “an individual may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.” Based on the applicant’s retirement date, he retired before the TEB program was established. Therefore, he cannot obtain approval for a program that did not exist at the time of his retirement. The complete DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 Mar 14, for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. 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. 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2014-00445 in Executive Session on 15 Jan 15, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Jan 14, w/atchs. Exhibit B. Applicant's Available Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 14 Feb 14. Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14.