RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03886

		COUNSEL:  NONE

		HEARING DESIRED:  YES 


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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was not briefed by the base education office on the transfer 
of education benefits during his retirement out-processing.  He 
was unaware he could have transferred the education benefits to 
his dependents prior to his retirement.  

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is a former Regular Air Force member who retired 
on 1 Apr 11 and was credited with 24 years, 9 months, and 
27 days of total active service.

The applicant is entitled to benefits under the Post 9/11 GI 
Bill program.  Because he was retirement eligible prior to 
1 Aug 09, he would not have incurred an active duty service 
commitment (ADSC) had he elected to transfer his benefits to his 
dependents prior to his retirement.

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.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial indicating there is no evidence of 
an error or injustice.  There is no evidence showing the 
applicant was not properly counseled by the base Education 
Office.  There were numerous articles and news releases 
published about the TEB between the release date of the program, 
1 Aug 09 and the applicant’s 1 Nov 11 {sic} retirement.  The 
applicant did not initiate a TEB request prior to retiring from 
active duty and therefore he is ineligible for TEB.

Service members of the Armed Forces who, on or after 1 Aug 09, 
were eligible for the Post-9/11 GI Bill, had at least six years 
of service on the date of election and agreed to serve (if 
applicable) a specified additional period from the date of 
election, may transfer unused Post-9/11 GI Benefits to their 
dependents.  The transfer of such entitlements must be done 
while the service member is on active duty.

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 6 Jan 14, 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 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.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

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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-2013-03886 in Executive Session on 26 Jun 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Aug 13.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIT, dated 27 Aug 13.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Jan 14.




                                   Panel Chair