RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-02389
			COUNSEL:  NONE
			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

She be allowed to transfer her Post-9/11 GI Bill Educational 
benefits to her dependent.


APPLICANT CONTENDS THAT:

Her retirement from the Air Force in 2005 was due to high year 
of tenure restrictions.  Therefore, she would not have been 
allowed to serve the additional 4 years required to Transfer 
Educational Benefits (TEB) to her daughter.  The Department of 
Veterans Affairs advised that a correction to her records was 
required to TEB.

The Board should find it in the interest of justice to consider 
her untimely application because he did not discover the error 
until 7 March 2014.

In support of her request, the applicant provides a copy of her 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.

The applicant's complete submission, with attachment, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant was retired from the Air Force in the grade of 
chief master sergeant (E-9) effective 31 December 2005.  She 
served 27 years, 10 months and 25 days of active service.


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant provides no 
evidence of error or injustice on the part of the Air Force.  
According to 38 United States Code, Chapter 33, § 3319 (f) (1) 
“an individual approved to transfer entitlement to education 
assistance under this section may transfer such entitlement only 
while serving as a member of the armed forces when the transfer 
is executed.”  The applicant was not on active duty on or after 
1 August 2009, therefore, she is not eligible to transfer 
benefits to her dependents.

The complete DPSIT evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 September 2014, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by this 
office (Exhibit C).


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 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 AFBCMR Docket 
Number BC-2014-02389 in Executive Session on 23 March 2015, 
under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member


The following documentary pertaining to AFBCMR Docket Number BC-
2014-02389 was considered: 

     Exhibit A.  DD Form 149, dated 9 June 2014, w/atch.
     Exhibit B.  Letter, AFPC/DPSIT, dated 23 June 2014.
     Exhibit C.  Letter, SAF/MRBR, dated 8 September 2014.