RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03244
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His option to transfer his unused Post-9/11 GI Bill educational 
benefits to his dependents be approved.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He was never given the opportunity to transfer his Post-9/11 GI 
Bill educational benefits to his dependents due to lack of 
information, literature and guidance on the proper procedures.  
He started his terminal leave on 1 May 2008, after 20 years of 
service.  The Post-9/11 GI Bill Transfer of Education Benefits 
(TEB) program was new and information was very limited.  He has 
two dependents in college and would like to transfer his Post-
9/11 GI Bill educational benefits to them.  

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

According to documents extracted from the Automated Records 
Management System (ARMS), the applicant is a former member of 
the Regular Air Force who served from 1 August 1988 to 
31 August 2008.  He was retired from active duty with an 
honorable characterization of service and credited with serving 
20 years and 1 month.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the applicant 
retired on 31 August 2008.  The program entitling the transfer 
of educational benefits started on 1 August 2009.  Title 38 
U.S.C., Chapter 33, Section 3319 (f) (1), DoD Directive Type 
Memo (DTM), and AFI 36-2306, Voluntary Education Program, state 
the transfer of educational benefits must be made while an 
individual is serving as a member of the Armed Forces when the 
transfer is executed.”  

The complete DPSIT evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 August 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D).  To date, a response has not been received.  

_________________________________ 
_______________________________

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 error or injustice.  After a thorough 
review of the evidence of record and the applicant's submission, 
we agree with the opinion and recommendation of the Air Force 
office of primary responsibility that since the applicant retired 
prior to the implementation of the Post-9/11 GI Bill Transfer of 
Education Benefits (TEB) program, he is not eligible to transfer 
educational benefits and he has not been the victim of an error or 
injustice.  In view of the above, 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 in Executive 
Session on 9 May 2013, under the provisions of AFI 36-2603:

			, Panel Chair
			, Member
			, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-03244:

    Exhibit A.  DD Form 149, dated 10 July 2012.
    Exhibit B.  Applicant’s Master Personnel Record
    Exhibit C.  Letter, AFPC/DPSIT, dated 13 August 2012.
    Exhibit D.  Letter, SAF/MRBR, dated 27 August 2012.




                                   
                                   Panel Chair

?


AFBCMR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews NAF Washington, MD 20762




Dear:

	Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 
10 USC), AFBCMR Docket Number BC-2012-03244. 

	After careful consideration of your application and military records, the Board determined 
that the evidence you presented did not demonstrate the existence of material error or injustice.  
Accordingly, the Board denied your application.

	You have the right to submit newly discovered relevant evidence for consideration by the 
Board.  In the absence of such additional evidence, a further review of your application is not 
possible.

	BY DIRECTION OF THE PANEL CHAIR




				                                   
				                                   Chief Examiner
				                                   Air Force Board for Correction
				                                   of Military Records

Attachment:
Record of Board Proceedings



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