RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01726
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO

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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 medically retired in 2006 with 20 years 9 months and 29 days of service. He wants his sons to be successful in life 
and this is his plan to assist them.  If he was allowed to remain on active duty he would have made this transfer of benefits.

The applicant's complete submission is at Exhibit A.
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STATEMENT OF FACTS:

The applicant was medically retired from the Air Force in the grade of master sergeant (MSgt, E-7) effective 21 Jul 2006.  He 
served 20 years, 9 months and 29 days of active service.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit C.
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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT says that the applicant provides no evidence of error or injustice on the part of the 
Air Force. According to 38 USC, Chapter 33, § 3319 (f) (1) "an individual ... may transfer such entitlement only while serving 
as a member of the armed forces when the transfer is executed."  
The applicant was not on active duty on or after 1 Aug 2009, 
therefore, he is not eligible to transfer benefits to his 
dependents.

The complete DPSIT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 May 2013, a copy of the Air Force evaluation was forwarded 
to the applicant 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 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 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-01726 in Executive Session on 27 Jan 2013, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01726 was considered: 

     Exhibit A.  DD Form 149, dated 3 Apr 2013.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIT, dated 18 Apr 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 3 May 2013.
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