RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01562 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Disability Evaluation System (DES) code be changed to allow 
him to transfer his Post 9/11 GI Bill Transfer Eligibility 
Benefits (TEB) to his dependents. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He became eligible for retirement on 1 May 10. Under the Post 
9/11 rules, he would have incurred an additional year of active 
duty service commitment (ADSC) once he applied for the TEB 
benefit. 

 

On 1 Sep 10, he was referred to the Joint DES process to 
determine his fitness for continued military service due to Post 
Traumatic Stress Disorder (PTSD). Due to the length of the DES 
process and numerous prescribed medications, he decided to waive 
the DES process and retire from active duty. He would 
subsequently process his disability through the Department of 
Veterans Affairs (DVA). 

 

He was informed of the requirement to transfer his benefits while 
on active duty. However, he wanted to transfer his Post 9/11 GI 
Bill TEB to his daughter upon her graduation from high school in 
May 2011 and fulfill his one year ADSC. He waited for her to 
graduate because she was not sure if she wanted to enlist in the 
military. He felt he had plenty of time to transfer his benefits 
due to his high year tenure of 1 Mar 14. Unfortunately, his 
health deteriorated and he was placed in DES unexpectedly and had 
to retire before he could transfer his benefits. 

 

He feels there is an injustice in his case because he had to 
retire due to health reasons before he had a chance to submit his 
transfer request. 

 

In support of his request, the applicant submits copies of his 
Joint DoD/VA Disability Evaluation Pilot Referral, DD Form 214, Certificate of Release or Discharge from Active Duty and his DVA 
disability compensation letter. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 28 Feb 11, the applicant was discharged from the Regular Air 
Force for retirement. He served 20 years, 10 months and 8 days 
on active duty. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT notes the applicant’s 
admission that he was informed of the requirement to transfer his 
GI Bill benefits while on active duty but he failed to do so. 
His placement in the DES process and subsequent return to duty in 
Jul 10 has no bearing on the case. On 6 Oct 10, he applied for 
retirement effective 1 Mar 11. DPSIT notes the applicant’s claim 
that he had to “unexpectedly” retire before he could transfer 
benefits to his daughter and fulfill his one year service 
commitment is not true as he could have retired at any time. In 
addition, he was not subject to a Medical Evaluation Board. 
DPSIT states the applicant’s failure to act in a timely manner is 
not a basis for approval on the part of the Air Force. The law 
specifically states an individual approved to transfer 
entitlement to educational assistance may transfer Post 9/11 
entitlements only while serving as a member of the armed forces 
when the transfer is executed. 

 

The complete DPSIT evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 4 Jun 12, for review and comment within 30 days. As of this 
date, this office has received no response (Exhibit C). 

 

_________________________________________________________________ 

 

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, 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 that 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 this application in 
Executive Session on 17 Jan 13, under the provisions of AFI 36-
2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR BC-
2012-01562: 

 

 Exhibit A. DD Form 149, dated 9 Apr 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIT, dated 10 May 12, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 4 Jun 12. 

 

 

 

 

 

 Panel Chair