RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05795

				COUNSEL:  NONE

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be allowed to transfer her Post-9/11 GI Bill educational 
benefits to her dependents.

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APPLICANT CONTENDS THAT:

She was not aware of or briefed on transferring Post-9/11 
education benefits to her dependents prior to her retirement.  

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force, which is attached at Exhibit B.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, indicating the applicant retired 
effective 1 Jun 04 and the program for the Transfer of Benefits 
started 1 Aug 09.  Since 38 USC, Chapter 33, 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,” denial is the only recommendation.  There has been no 
injustice to the extent that the service member did not receive 
adequate counseling as required by law and DoD regulation.

The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09.  
Any member of the Armed Forces who, on or after 1 Aug 09, is 
eligible for the Post-9/11 GI Bill, had at least six years of 
service on the date of election may transfer unused Post-9/11 
benefits to their dependents.



The complete AFPC/DPSIT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 11 Jan 13, for review and comment within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.

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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 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 or injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-05795 in Executive Session on 24 Sep 13, under 
the provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05795 was considered:

   Exhibit A.  DD Form 149, dated 12 Dec 12.
   Exhibit B.  Letter, AFPC/DPSIT, 2 Jan 13.
   Exhibit C.  Letter, SAF/MRBR, dated 11 Jan 13.




			
			Panel Chair