RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03304
		COUNSEL:  NONE
		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 unable to continue his career in the Air Force due to 
injuries he received in Iraq.  He served honorably in the Air 
Force for over 13 years.  Had he been able to continue serving 
in the Air Force he would have been able to transfer his 
education benefits to his dependents. 

His combat injuries have prevented him from gaining employment, 
resulting in lower pay, which has caused a financial hardship 
for his family.  The cost of college would only compound this 
hardship.  He is being penalized because he was unable to 
continue to serve in the Air Force, which was beyond his 
control. 

In support of his request, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.

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

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STATEMENT OF FACTS:

The applicant was medically retired from the Air Force in the 
grade of staff sergeant (SSgt, E-5) effective 13 Jun 2005.  He 
served 13 years, 6 months and 2 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 B.

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AIR FORCE EVALUATION:

HQ AFPC/DPSIT recommends denial.  DPSIT states 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 applicant 
provides no evidence of error or injustice on the part of the 
Air Force.

The complete DPSIT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 Aug 2012, 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 
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 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.

________________________________________________________________

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.

________________________________________________________________



The following members of the Board considered AFBCMR Docket 
Number BC-2012-03304 in Executive Session on 11 Feb 2013, under 
the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered: 

     Exhibit A.  DD Form 149, dated 20 Jul 2012, w/atch.
     Exhibit B.  Letter, AFPC/DPSIT, dated 10 Aug 2012.
     Exhibit C.  Letter, SAF/MRBR, dated 27 Aug 2012.




                                                                
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