RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00696 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. APPLICANT CONTENDS THAT: He was not on briefed on transferring Post-9/11 education benefits to his dependents prior to his retirement. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 1 Nov 10, the applicant was released from active duty and transferred to the Retired Reserve List to await retired pay at age 60. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice. Based on the applicant's record he was not eligible to request the transfer of his Post-9/11 GI Bill benefit. Furthermore, any briefing he might have received prior to retiring would not have changed the status of his eligibility for Post 9/11 GI Bill benefits. The applicant was in a Category E (Participating Individual Ready Reserve) position from 2 Oct 08 until his retirement on 1 Nov 10; and was not eligible to request the transfer of Post- 9/11 GI Bill benefits. In accordance with Public Law 110-252, Chapter 33, Section 3020 (b) (l), to be eligible to request transfer of unused education benefits to family members, Armed Forces members must be serving on active duty or as a member of the Selected Reserve. The applicant did not have any qualifying service, from the start of the program on 1 Aug 09 until his retirement, that would have provided him an opportunity to make the transfer. ARPC/DPTT cannot speak to any retirement information that was or was not given by Langley AFB. However, on 7 Jan 10, the applicant was notified by ARPC/DPPS, that unless he requested to resign his commission, he would automatically be retired on his mandatory separation date (MSD) 1 Nov 10. He was provided contact information in the event he needed additional information or assistance. He was also informed on what he would need to do if he desired a retirement ceremony. The retirement process is centrally located at ARPC and it is not possible to give individual retirement briefings to service members; however, there are numerous fact sheets/knowledge articles regarding retirements and benefits available to the service members. The applicant did not request resignation and his retirement was automatically initiated on 8 Jun 10 to be effective on his MSD. The standard procedures are to send the retirement order and benefit information once the order is published; and that would have taken place four months prior to the actual retirement. A complete copy of the ARPC/DPTT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 Apr 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 (OPR) 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. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2015-00696 in Executive Session on 14 Oct 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00696 was considered: Exhibit A. DD Form 149, dated 10 Dec 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/DPTT, dated 26 May 15, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 28 Apr 15.