RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02546

		COUNSEL:  

		HEARING DESIRED:  NO  


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APPLICANT REQUESTS THAT:

His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits (TEB) to his daughter while he was on active duty. 

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APPLICANT CONTENDS THAT:

When he retired in Jan 04, transferring GI Bill educational benefits was not an option.  He has 19 months remaining on his Post-9/11 GI Bill benefits and will remain eligible for them until 1 Jan 19.  He would like to transfer the remaining benefits to his daughter. 

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired from active duty on 1 Jan 04. 

The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice.  For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children.  Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 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 in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (Title 38 USC, Chapter 33, § 3319(b)(1)).  Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed.  This applicant retired effective 1 Jan 04.  Since the TEB program started on 1 Aug 09, the applicant is not eligible.   

A complete copy of the 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 21 Jun 13 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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 (OPR) 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 relief.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2013-02546 in Executive Session on 12 Mar 14, under the provisions of AFI 36-2603:

     Panel Chair
Member
Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 May 13.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSIT, dated 31 May 13.
	Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 13.




                                   
                                   Panel Chair