RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03161

				COUNSEL:  NONE

				HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be allowed to apply to transfer his Post-9/11 GI Bill 
education benefits to his dependents.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

Somehow, he failed to complete the Statement of Understanding 
(SOU) and his request to transfer education benefits (TEB) to 
his dependents was rejected.  However, he does not recall ever 
receiving notification via email of regular mail of his failure 
to do so.  However, because he has served the additional year of 
service required for the TEB anyway, his request should be 
approved.

The applicant's complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is a former Regular Air Force member who retired 
on 1 Nov 12.

The remaining 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 C.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial indicating there is no evidence of 
an error or injustice.  Under Title 38 United States Code (USC), 
Chapter 33, service members are allowed to transfer unused 
educational benefits to their dependent spouses and children.  
Any member of the Armed Forces, active duty or Selected 
Reserves, officer, or enlisted, on or after 1 Aug 09, who is 
eligible for the Post-9/11 GI bill, has at least six years of 
service in the Armed Forces on the date of election, and agrees 
to serve a specified additional period of in the Armed Forces 
from the date of election, may transfer unused Post-9/11 
benefits to their dependents.  The applicant’s initial 
application for transfer was submitted on 1 Feb 2010, but was 
followed by three notices sent by AFPC that his application 
expired because he failed to sign the SOU, which is required for 
an active duty member to be approved to transfer education 
benefits to his dependents. 

The complete AFPC/DPSIT evaluation, with attachment, is at 
Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 20 Aug 12 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 
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.

________________________________________________________________
_

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.

________________________________________________________________
_

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03161 in Executive Session on 11 Feb 13, under 
the provisions of AFI 36-2603:

		 , Acting Panel Chair
		 , Member
		 , Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 Jul 26 Jan 12, w/atchs.
   Exhibit B.  Applicant’s Master Military Records.
   Exhibit C.  Letter, AFPC/DPSIT, dated 31 Jul 12, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 8 Mar 12.




			 
			Acting Panel Chair