RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05899
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

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

________________________________________________________________

THE APPLICANT CONTENDS THAT:

The Post 9/11 GI Bill was effective in 2009; however, he just 
recently became aware of the Transfer of Education Benefits 
(TEB).

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 31 Oct 06, the applicant was relieved from active duty, with 
a reason for separation of voluntary retirement: sufficient 
service for retirement.  On 1 Nov 06, he retired after serving 
24 years and 4 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, noting the applicant retired 
1 Nov 06.  The program for the Transfer of Education Benefits 
(TEB) started 1 Aug 09.  Since 38 USC, Chapter 33, Section 3319 
(f) (1) states "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.

________________________________________________________________




APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

The applicant notes that the advisory opinion recommends denial 
even though he did not receive adequate counseling as required 
by law and Department of Defense (DoD).  He feels this is a 
grave "blanket" injustice and that each case should be decided 
on a case by case basis. 

Even though the benefit was advertised by various methods, he 
still was not aware of it.  

He served honorably for 24 years and asks the Board to allow him 
to transfer his Post 911 GI Bill benefits to his children.

The applicant’s complete response is at 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.  The 
applicant argues that had he did not receive adequate counseling 
as required by law and the DoD; however, we are not convinced 
the applicant is the victim of an error or injustice, or that he 
has been treated differently than others similarly situated.  
Therefore, 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.  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-2012-05899 in Executive Session on 24 Sep 13, under 
the provisions of AFI 36-2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 14 Dec 12, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 2 Jan 13.
     Exhibit C.  Letter, SAF/MRBR, dated 5 Jan 13.
     Exhibit D.  Letter, Applicant, dated 5 Feb 13.




                                   Panel Chair
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