RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-02026
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

She applied for the Post-9/11 GI Bill benefits in Aug 09 but was 
never notified of her eligibility.  On 5 Apr 11, she was finally 
approved and received notification from the Department of 
Veterans Affairs.

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

_________________ ______________________________________________

STATEMENT OF FACTS:

On 2 Jul 84, the applicant enlisted in the Regular Air Force, 
with a Total Active Federal Military Service Date (TAFMSD) of 
2 Jul 84.

On 1 Aug 04, the applicant retired from active duty and was 
credited with 20 years and 29 days of total active service.

According to documentation provided by the applicant, on 5 Apr 
11, she received a Certificate of Eligibility from the 
Department of Veterans Affairs indicating she is entitled to 
benefits under the Post-9/11 GI Bill.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, indicating there is no evidence of 
an error or injustice.  The applicant retired effective 1 Aug 
04 and the program for the Transfer of Education Benefits (TEB) 
started on 1 Aug 09.  Based on the applicant’s retirement date, 
she retired before the TEB program was established.  An 
applicant cannot obtain approval for a program that did not 
exist at the time of their separation/retirement.

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 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 8 Sep 14 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

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.

________________________________________________________________

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.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2014-02026 in Executive Session on 23 Mar 15, under 
the provisions of AFI 36-2603:

		                     , Panel Chair
		                   , Member
		                    , Member

The following documentary evidence was considered:

	 Exhibit A.  DD Form 149, dated 12 May 14, w/atch.
	 Exhibit B.  Applicant's Available Master Personnel Records.
	 Exhibit C.  Letter, AFPC/DPSIT, dated 27 May 14.
	 Exhibit D.  Letter, SAF/MRBR, dated 8 Sep 14.







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