RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03895 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: After his permanent change of station (PCS) to Minot AFB ND from a special duty assignment as a Recruiter, he had to put in a waiver for active duty service commitment (ADSC) to apply for retirement. The waiver was approved in January 2010, 8 months from his planned retirement in August 2010. At that point he was well beyond the required 12-months retainability to transfer the benefits. He has used the GI Bill and obtained his Bachelor of Science degree and would appreciate the opportunity to afford this benefit to his family members. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force on 30 September 2010. The remaining relevant facts pertaining to this application, extracted from the applicant’s military personnel records are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states, the Department of Veterans Affairs (DVA), DoD, and the military services widely publicized the Post 9-11 GI Bill and the transferability feature to make sure every eligible service member understood the process for transferring benefits. The Transfer of Benefits (TEB) system began accepting applications as of 27 June 2009, with an effective date no earlier than 1 August 2009. The applicant received notification on 17 December 2009 that he was eligible to apply for retirement effective 1 October 2010 but required a waiver of a retirement restriction or condition. The applicant had a PCS ADSC of 26 January 2011. He either had to submit a waiver request or submit a new retirement request with a retirement effective no earlier than the first day of the month following completion of his ADSC. The applicant chose to retire on 1 October 2010 and waive the ADSC of 26 January 2011. The complete 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 4 November 2011, 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and applicant's submission, we believe that relief is not warranted in this case. Therefore, 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 or injustice. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2011-03895 in Executive Session on 15 May 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 October 2011. Exhibit B. Letter, AFPC/DPSIT, dated 24 October 2011. Exhibit C. Letter, SAF/MRBR, dated 4 November 2011. Panel Chair