RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00662 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill Educational benefits to his dependents. APPLICANT CONTENDS THAT: He is a military veteran living in Washington State who retired from active duty Air Force with 24 years of service. He never had the opportunity to use his benefits from the Post 9/11 GI Bill or to transfer them to his children. He needs Department of Defense (DoD) approval to transfer the educational benefits in his records. Several of his retired veteran friends have transferred their Post 9/11 GI Bill educational benefits to their children within months of their retirement or even after retirement with no additional service commitment required. He feels it is unjust that he not be afforded the same opportunity for his children. He wrote to the Regional Department of Veteran’s Affairs (DVA) and the Educational Officer with the Regional DVA indicated that he needed to have the DoD approve the transfer of entitlement to have his children (in DEERs) loaded to the Transfer of Educational Benefits (TEB) website. He feels the Board should find it in the interest of justice to consider his untimely application because he was not aware of the ability to transfer Post 9/11 GI Bill benefits until speaking with several of his retired friends across the country. It became relevant since he has four children and two of them are now college age. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 7 Feb 83. On 31 Mar 07, the applicant retired with 24 years, 1 month and 24 days of active service. On 7 Jan 14, the Department of Veterans Affairs notified the applicant to contact his Service component to request his transfer of benefit entitlement. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. The Department of Defense (DoD) issued a regulation, Directive Type Memo (DTM) 09-003 (reissued 10 Sep 10), that authorized the Military Departments to offer service members the option to transfer benefits. The transfer must be initiated while the member is serving in the Armed Forces, which is defined as limited to those on active duty or in the Selected Reserve (38 U.S.C. § 3319(f)(l); DTM 09-003, Attachment 2(3)(g)(l) (reissued 10 Sep 10); and AFI 36-2306, Attachment 9, paragraph A9.18. The applicant retired effective 31 Mar 07. The Transfer of Educational Benefits (TEB) Program was signed into law effective 1 Aug 09. Based on his retirement date, he retired before the TEB program was established and therefore 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 15 May 14 for review and comment 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. We took notice of the applicant’s complete submission, including attachments, 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 documentary evidence pertaining to AFBCMR Docket Number BC-2014-00662 was considered: Exhibit A. DD Form 149, dated 16 Jan 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 19 Mar 14. Exhibit D. Letter, SAF/MRBR, dated 15 May 14.