RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04118 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect that he transferred his Post-
9/11 GI Bill benefits. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT 

 

He retired on 1 Jul 09, and missed the benefits by one month. He 
was not officially notified of the program requirement to 
qualifying for transferability benefits. If he had been, he 
would have extended on active duty to be afforded the opportunity 
to pass these benefits on to his family members. 

 

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

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant voluntarily retired from active duty on 1 Jul 09. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is attached at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial, indicating there is no evidence of 
an error or injustice. For the first time in history, service 
members enrolled in 38 U.S.C., Chapter 33 (Post-9/11 Educational 
Assistance), are able to transfer unused educational benefits to 
their dependent spouses or children. Any member of the Armed 
Forces, active duty or Selected Reserve, officer or enlisted, on 
or after 1 Aug 09, who is eligible for the Post-9/11 benefits, 
has at least six years of service in the Armed Force on the date 
of election, and agrees to serve a specified additional period in 


the Armed Forces on the date of election (if applicable), may 
transfer unused Post-9/11 benefits to their dependents pursuant 
to Service regulations (38 U.S.C. § 3319(b)(1)). The member went 
on terminal leave on 23 Mar 09. No guidance was available on 
this program until late May 09. The Air Force did not engage in 
a Service-wide effort to seek out members who were already on 
terminal leave, or who had completed their pre-separation 
counseling, in order to provide them with additional counseling 
on the Post-9/11 GI Bill. Based upon his retirement date of 
30 Jun 09, the member is not eligible for the program. 

 

The complete AFPC/DPSIT evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 22 Dec 11 for review and comment within 30 days. As of this 
date, no response has been received by this office (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 an 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 
(OPR) and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error of 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 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-2011-04118 in Executive Session on 15 May 12, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-04831 was considered: 

 

 Exhibit A. DD Form 149, dated 27 Sep 11, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 15 Dec 11. 

 Exhibit D. Letter, SAF/MRBR, dated 22 Dec 11. 

 

 

 

 

 

 Panel Chair