RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00746
		
			COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his 
dependents.

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APPLICANT CONTENDS THAT:

He would like the opportunity to transfer his Post-9/11 GI Bill 
to his dependents.  He was unaware of the program and the 
requirement to make the transfer while on active duty. 

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

According to the Military Personnel Data System, the applicant 
retired from the Air Force effective 31 July 2003 in the grade 
of lieutenant colonel.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant retired on 31 July 
2003, prior to the effective date of the Post-9/11 GI Bill.  By 
law and Department of Defense Regulations, the program for the 
Transfer of Benefits began on 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.

The complete DPSIT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 22 September 2014, for review and comment within 
30 days (Exhibit C).  As of this date, this office has received 
no response.

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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 this case; 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 is not a victim of an error or injustice since he 
retired prior to the effective date of the Post-9/11 GI Bill.   
Therefore, we find no basis to recommend granting the relief 
sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2014-00746 in Executive Session on 20 February 2015, 
under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00746 was considered:

	Exhibit A. DD Form 149, dtd 2 Feb 14.
	Exhibit B. Letter, AFPC/DPSIT, dtd 12 Mar 14.
	Exhibit C. Letter, SAF/MRBR, dtd 22 Sep 14.