RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02960 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 retired in 2006 after 24 years of service. He never used his GI Bill benefit although he contributed to the account in 1982. The benefit was designed for those serving in the military after 9/11 but was not offered until 2009 and excluded those who retired before that date. The Board should consider it in the interest of justice to consider his untimely application as the benefit was instituted in 2009 and he was not informed that such a program existed. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: Transferability of Unused Education Benefits to Family Members. Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post- 9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. Per DoDI 1341.13 and AFI 36-2306, Voluntary Education Programs, Atch 9, any service member on or after 1 Aug 09, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she has at least 6 years of service in the Military Services (active duty or Selected Reserve), National Oceanic and Atmospheric Administration Commissioned Officer Corps (NOAA) Corps, or Commissioned Corps of the Public Health Service (PHS) on the date of approval and agrees to serve four additional years in the Military Services, NOAA Corps, or PHS from the date of election. On 1 Aug 06, the applicant retired. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial of the request as the applicant retired on 1 Aug 06. By law and DoD regulation, the program for the TEB started 1 Aug 09. Per 38 U.S.C § 3319(f)(1) “an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as member of the armed forces when the transfer is executed.” A complete copy of the AFPC/DPSIT evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 20 Oct 14 for review and comment within 30 days (Exhibit C). 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 opinion and recommendation of the Air Force office of primary responsibility 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-2014-02960 in Executive Session on 23 Mar 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Jun 14. Exhibit B. Memorandum, AFPC/DPSIT, dated 9 Sep 14. Exhibit C. Letter, SAF/MRBR, dated 20 Oct 14.