RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS.


IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01680

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His dependents be entitled to his Post 9/11 GI Bill benefits.



APPLICANT CONTENDS THAT:

When he retired in 2005 he was not informed he needed to 
transfer his Post 9/11 educational benefits to his dependents 
while still on active duty.  During the timeframe (2005) when he 
retired from the USAF it was never addressed in the Transition 
Assistance Program or was it even an option to appoint a 
dependent to receive this entitlement.

He received his Certificate of Eligibility from the VA at the 
100% rate on 7 Apr 15 and at that time he was informed.  He 
needs to make his sons eligible for this educational benefit.

He has no supporting documentation other than it was not an 
option to designate a dependent back in 2005.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 1 Oct 79 the applicant initially entered the Regular Air 
Force.

On 31 Oct 05, the applicant was furnished an honorable 
discharge, and was credited with 26 years and one month of 
active service.

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:

AFPC/DPSIT recommends denial indicating there is no evidence of an 
error or an injustice.  The applicant contends that he served on 
Active Duty until 31 Oct 05 and should be allowed to transfer 
benefits to dependents.  By law and DoD Instruction service 
members must serve on or after 1 Aug 09 to be eligible to transfer 
benefits.  The program for the Transfer of Benefits started 1 Aug 
09.  The member retired effective 1 Nov 05.  Therefore the 
applicant is ineligible to transfer educational benefits to his 
dependents.

A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes the AFPC/DPSIT advisory saying he earned 
this benefit having served 3 years past 9/11.  He should be 
entitled to transfer this benefit even though it is not in-line 
with the Transfer of Educational Benefits program effective 1 
Aug 09.  (Exhibit D).



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, to include the 
applicant’s rebuttal, in judging the merits of the case; 
however, we agree with the opinion and recommendation of 
AFPC/DPSIT 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-2015-01680 in Executive Session on 28 Jan 16 under the 
provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 10 Apr 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 5 May 15.
	Exhibit D.  Letter, Applicant, dated 23 Sep 15
     Exhibit E.  Letter, SAF/MRBR, dated 14 Sep 15