RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04722

 					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His educational benefits be transferred to his dependents. 


APPLICANT CONTENDS THAT:

He was unaware that he needed to allocate the remaining funds of 
his GI Bill to his dependents prior to retirement.  Had he known 
that he needed to transfer the benefit prior to retirement, he 
would have done so.  His daughter is in need of the entitlement.  
He has completed his education and has no reason to use it.  

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant is a former member of the Air Force who retired 
effective 1 November 2008 in the grade of master sergeant.

The program for the Transfer of Benefits began on 1 August 2009. 
Title 38 USC 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.


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant retired on 
31 October 2008.  The Transfer of Education Benefits Program was 
effective 1 August 2009.  There was no policy in effect at the 
time of his release from active duty; therefore, he is not 
eligible to transfer his benefits to his dependents.  

The complete AFPC/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 17 February 2015 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 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 
Transfer of Education Benefits Program.   Therefore, we find no 
basis to recommend granting the relief sought in this 
application.


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-2014-04722 in Executive Session on 18 August 2015 
under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-04722 was considered:

	Exhibit A.  DD Form 149, dated 4 Nov 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 18 Dec 14.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 15.
1 2