RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05329
	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 spouse.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

When he was being medically retired, he filled out the paperwork 
to convert over to the Post 9/11 GI Bill and to transfer all 
36 months to his spouse.  In Nov 12, he logged into the website 
to transfer his benefits and noticed that the transfer never 
took place.  He is not sure if the error was due to his medical 
retirement and years of service.  

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

________________________________________________________________

STATEMENT OF FACTS:

On 23 Sep 10, the applicant was relieved from active duty, with 
a reason for separation of disability permanent.  He retired on 
24 Sep 10 after serving 9 years, 9 months, and 12 days on active 
duty.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT notes that the applicant 
did not provide adequate justification/documentation of an error 
or injustice.  His record reflect that he received his pre-
separation counseling on 12 Jul 10.

The applicant indicated on his DD Form 2648, Pre-separation 
Counseling Checklist for Active Component Service Members, that 
he did want counseling for educational benefits prior to his 
retirement.  However, there is no record of the applicant 
applying for the benefit in the Transfer of Education Benefits 
(TEB) system.  He did not inquire about their TEB until 13 Nov 
12 to the Total Force Service Center through Right Now 
Technology (RNT).

The complete DPSIT evaluation, with attachment, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

Upon finding out that he was going to be medically retired, he 
had a lot of decisions and sacrifices that he needed to make.  
He had every attention to remain on active duty and retire at 
20 plus years; however, due to an unfortunate injury while on 
duty, his career was cut short.   

On his DD Form 2648, he had requested counseling on his 
education benefits and had every intention of filling out the 
appropriate paperwork needed to transfer his benefits to his 
spouse.  He thought he had taken care of this requirement; 
however, when he logged into the GI Bill website, he realized 
that he had failed to complete the necessary paperwork, which he 
feels was due to all of the confusion with retirement and 
finding a new job to take care of his family.

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 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, the applicant has not provided sufficient 
evidence that he did not receive the appropriate counseling as 
required by law and Department of Defense regulations.  
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-2012-05329 in Executive Session on 12 Sep 13, under 
the provisions of AFI 36-2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 13 Nov 12, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 19 Nov 12.
     Exhibit C.  Letter, SAF/MRBR, dated 14 Dec 12.
     Exhibit D.  Letter, Applicant, dated 2 Jan 13.




                                   Panel Chair