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Decision Text

AF | BCMR | CY2011 | BC 2011 03833
Original file (BC 2011 03833.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03833 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was not properly briefed on the new or pending changes in 
educational benefits prior to his retirement. He also believes 
he was discriminated against due to his retirement date. The 
requirements were less stringent for those retiring after him. 
He honorably served 23-plus years in the military. 

 

In support of his request, the applicant submits a copy of a 
letter from the Department of Veterans Affairs. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Effective 1 Jul 08, the applicant was retired from the Regular 
Air Force. He served 23 years and 5 days on active duty. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

DPSIT recommends denial since the program was not in effect at 
the time of the applicant’s retirement. 

 

The complete DPSIT evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant reiterates much of his earlier contentions. He 
feels he should be afforded the same rights and benefits as the 
service members who were eligible for the Post 9/11 GI Bill 
Transfer entitlement. He notes that almost seven years of his 


service was completed during the Post 9/11 era and he should be 
afforded the entitlement. 

 

The applicant’s complete submission is at Exhibit E. 

 

_________________________________________________________________ 

 

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. In this 
respect, we note the applicant retired effective 1 Jul 08, well 
before the 1 Aug 09 effective date established by law for 
Transfer of Post-9/11 GI Bill Benefits to Dependents (TEB). As 
such, he is precluded by law from being eligible to participate 
in the TEB. Therefore, in the absence of evidence to the 
contrary, we find no legal basis to recommend granting the relief 
sought in this application. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

The following members of the Board considered this application in 
Executive Session on 9 Feb 12, under the provisions of AFI 36-
2603: 

 

, Panel Chair 

, Member 

, Member 

 

The following documentary evidence was considered in BC-2011-
03833: 

 

 Exhibit A. DD Form 149, dated 30 Sep 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSIT, dated 13 Oct 11. 

 Exhibit D. Letter, SAF/MRBR, dated 4 Nov 11. 

 Exhibit E. Letter, Applicant, dated 28 Nov 11. 

 

 

 

 

 Panel Chair 



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