RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02869 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his children and or spouse, while on active duty. APPLICANT CONTENDS THAT: He inquired about transferring benefits while on active duty and was told that he had to be in Reserve status. When released from active duty, he was told that he had to be on active duty to transfer benefits. For the last six years he has been inquiring about transferring his Post-/11 GI benefits and has been told different answers. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 31 December 2008, the applicant was furnished an honorable discharge from the Air National Guard (ANG) and transferred to the Individual Ready Reserve (IRR), effective 1 January 2009. On 6 May 2010, the applicant was assigned to the Retired Reserve Section and placed on the Reserve Retired List in the grade of chief master sergeant (E-9) awaiting pay at age 60. He was credited with 23 years of total service for retired pay. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibit C and D. AIR FORCE EVALUATION: NGB/A1Y recommends denial. The Post-9/11 GI Bill program became effective 1 August 2009 and the transfer of educational benefits (TEB) to dependents was included. An individual approved to transfer entitlement to educational assistance under Public Law No. 110-252 and in accordance with Directive-Type Memorandum (DTM) 09-003 – Post-9/11 GI Bill, may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed. Both of these documents were published on government-hosted websites prior to the effective date of the Post-9/11 GI Bill. The Department of Veterans Affairs (DVA), the Department of Defense (DoD) and the Military Services widely publicized the Post-9/11 GI Bill and the transferability feature. The DoD developed a special website, hosted by the Defense Manpower Data Center (DMDC), to facilitate the transfer of educational benefits. The website was operational on 27 June 2009 for the purpose of accepting transfer of benefits application. The Air National Guard implemented a communication plan, using the Retention Office Managers (ROM) at each Wing, to serve as spokesperson. The ROM would brief information to unit members, on the Post-9/11 GI Bill and TEB program using internal media, internal communication tools and external trade publications. The applicant separated from the Air National Guard (ANG) on 31 December 2008. The Post-9/11 GI Bill was not in existence when the applicant was in the ANG, as the program did not become available until 1 August 2009. A complete copy of the NGB/A1Y evaluation is at Exhibit C. ARPC/DPTT recommends denial. The applicant was never eligible to request the transfer of his Post-9/11 GI Bill benefits. The Department of Defense Instruction (DoDI) 1341.13 clearly states that allocations can only be made by individuals serving in an active duty or selected reserve capacity. According to law and DoD regulation relief cannot be granted. The applicant was honorably separated from the Minnesota ANG and placed in an Individual Ready Reserve status on 31 December 2008. The ability to transfer the Post-9/11 GI Bill benefit was not available until 1 August 2009, at which point the applicant was in a status that precluded his eligibility to request the transfer. A complete copy of the ARPC/DPTT evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 2 June 2015 for review and comment within 30 days (Exhibit E). 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 in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) that since the applicant retired prior to the implementation of the Post- 9/11 GI Bill TEB program, he is not eligible to transfer educational benefits to his dependents and 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-2014-02869 in Executive Session on 14 October 2015 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02869 was considered: Exhibit A.  DD Form 149, dated 15 July 2014, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, NGB/A1Y, undated, w/atchs. Exhibit D.  Memorandum, ARPC/DPTT, dated 15 May 2015, w/atchs. Exhibit E.  Letter, SAF/MRBR, dated 2 June 2015.