RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02603 

 

 

  COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show he transferred his Post-9/11 
GI Bill educational benefits to his dependents while he was on 
active duty. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He separated soon after the Post-9/11 GI Bill was announced. It 
was so new he was unable to get accurate information regarding 
his eligibility. The Department of Veterans Administration 
(DVA) would refer him to the Air Force and the Air Force would 
refer him to the DVA. Thus, he retired without having the 
opportunity to enroll. He found out later he was eligible as a 
result of his service in Iraq from May through Oct 07. Had he 
known about the Transfer of Educational Benefits (TEB) he would 
have postponed his retirement. 

 

The applicant’s complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired from active service on 13 Apr 08. 

 

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

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPSIT recommends denial, indicating there is no evidence of 
an error or injustice. For the first time in history, service 
members enrolled in the Post-9/11 GI Bill Program 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 Bill, has at least six years of 


service in the Armed Forces on the date of election, and agrees 
to serve four additional years in the Armed Forces from the date 
of election can transfer their unused Post-9/11 benefits to 
their dependents (Title 38 USC, Chapter 33, § 3319(b)(1)). 
Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of 
such entitlement can only be done while serving as a member of 
the armed forces when the transfer is executed. 

 

The applicant retired effective 13 Apr 08. TEB program 
implementation started 1 Aug 09. Title 38, Chapter 33, § 
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.” We find there has been no injustice 
regarding the applicant not receiving adequate counseling 
required by law and DoD regulation. 

 

A complete copy of the 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 27 Jun 12 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 untimely 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 (OPR) 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 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-2012-02603 in Executive Session on 27 Mar 54, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 13 Jun 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 27 Jun 12. 

 Exhibit D. Letter, SAF/MRBR, dated 26 Jul 12. 

 

 

 

 

 

  

 Panel Chair