RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04059 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His ability to transfer any/all remaining Post 9/11 GI Bill Education Benefits to his daughter be restored. APPLICANT CONTENDS THAT: On 20 Jul 09, he requested Transfer of Education Benefits (TEB) to his daughter. The ability to transfer Post 9/11 GI Bill education benefits was a new program at the time and he was unfamiliar with the policies and procedures of the program. Based on DoDI 1341.14, he believed he could modify or revoke the benefit at any time. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant entered the Regular Air Force on 3 Jun 83. On 5 Jan 11, he signed his pre-separation checklist indicating “yes” next to item 13a, “Education benefits (Montgomery GI, Bill, Veteran’s Educational Assistance Program, Vietnam-era, etc.).” On 31 Mar 11, the applicant was relieved from active duty and retired, effective 1 Apr 11. He was credited with 27 years, 9 months and 28 days of active service. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating the applicant’s dependent child is past the age for transfer of benefits and therefore he cannot restore eligibility to his daughter. The record in the Defense Manpower Data Center (DMDC) shows that the member assigned 22 months to his daughter on 1 Aug 09. While the DoDI 1341.13, Enclosure 3, paragraph 3f(2)(a)2 states: “An individual may not add family members after retirement or separation from the Military Services but may modify the number of months of transferred entitlement or revoke transfer of entitlement after retirement or separation for those family members who have received transferred benefits prior to separation or retirement.” The child receiving those benefits has to have those benefits transferred prior to age 23. AFI 36- 2306, The Air Force Education Service Program, Attachment 9, paragraph A9.18.2.2.1 states: “who is under twenty-three years of age.” Additionally, the MilConnect website under Q&A states: Question: Who is eligible to receive transferred education benefits? Answer: Service members may transfer Post-9/11 GI Bill benefits to: 1.The Service member’s spouse 2.One or more of the Service member’s children 3.Any combination of the spouse and children -Children must be enrolled in DEERS to receive transferred benefits. Children age 18 through 20 are eligible to receive transferred benefits as are children who are 21 or 22 if full-time student status is established. The new TRICARE Young Adult (TYA) program does not extend the age by which the benefit must be transferred. -Children age 21 through 22 years old who are attending school less than full time, or enrolled in on-the-job training, apprenticeships or non-college degree programs, may still be eligible to receive transferred benefits even though TEB application may reflect that they are ineligible. Contact your TEB Service Representative for more information. Please see the Education tab->Transfer of Education Benefits (TEB)->Contact Us for a list of Service contacts. -Children may not use the benefit after age 26. 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 6 Jan 15 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 timely filed. 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. While we acknowledge the applicant’s request to transfer Post- 9/11 GI Bill education benefits to his daughter, we do not believe he has demonstrated evidence of an 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-2014-04059 was considered: Exhibit A. DD Form 149, dated 26 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 27 Oct 14. Exhibit D. Letter, SAF/MRBR, dated 6 Jan 15.