RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-04755
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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THE APPLICANT REQUESTS THAT:

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

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THE APPLICANT CONTENDS THAT:

He was not given the opportunity to transfer the benefit prior 
to his retirement in 2006 because he was not aware of the 
benefit at that time.

He completed 21 years of honorable service and struggled finding 
a job after retirement, accumulating great financial burdens and 
would greatly appreciate the opportunity to transfer this 
benefit to his college bound children.

In support of his appeal, the applicant provides a copy of his 
Post 9/11 GI Bill letter of acceptance from the Department of 
Veterans Affairs (DVA); retirement documents, and award element 
for the Joint Service Achievement Medal in support of Operation 
SOUTHERN WATCH.

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

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STATEMENT OF FACTS:

On 1 Aug 06, the applicant retired after serving over 21 years 
and 20 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, noting the applicant was separated 
effective 31 Jul 06.  The program for the Transfer of Education 
Benefits (TEB) started 1 Aug 09.  Since 38 USC, Chapter 33, 
Section 3319 (f) (1) states that "an individual... may transfer 
such entitlement only while serving as a member of the armed 
forces when the transfer is executed," he is not eligible for 
the TEB.

The complete DPSIT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 29 Oct 12 for review and response.  As of this 
date, no response has been received by this office (Exhibit C).

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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 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.

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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-2012-04755 in Executive Session on 25 Jul 13, under 
the provisions of AFI 36-2603:


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-04755 was considered:

     Exhibit A.  DD Form 149, dated 5 Apr 12, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 19 Oct 12.
     Exhibit C.  Letter, SAF/MRBR, dated 29 Oct 12.
     Exhibit D.  Letter, Applicant, dated 21 Nov 12.