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AF | BCMR | CY2012 | BC-2012-01611
Original file (BC-2012-01611.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-01611 
COUNSEL:  NONE 
HEARING DESIRED: NO 

IN THE MATTER OF: 
   
   
 
    
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He be allowed to transfer his Post-9/11 GI Bill benefits to his 
dependents. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
His  service  with  the  Maryland  Air  National  Guard  qualifies  him 
for the Post-9/11 GI Bill. 
 
In support of his request, the applicant provides excerpts from 
his military personnel record. 
 
His complete submission, with attachments, is at Exhibit A.  
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  retired  from  the  Maryland  Air  National  Guard  on 
23 Jul 05 in the grade of master sergeant. 
 
The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which are at Exhibit B and C. 
 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
NGB/A1YR  is  not  authorized  to  recommend  approval  of  the 
applicant’s request based on the guidance provided that states, 
“Eligible  Individuals:.    Any  member  of  the  Armed  Forces  on  or 
after  August  1,  2009,  who,  at  the  time  of  approval  of  the 
individual’s  request  to  transfer  entitlement  to  educational 
assistance under this section is eligible for Post 9/11 GI Bill” 
and  “Time  for  Transfer.  An  individual  approved  to  transfer 
entitlement  to  education  assistance  under  this  section  may 
transfer such entitlement to the individual’s family member only 
while serving in the Armed Forces.” 
 
 

 
The complete NGB/A1YR evaluation is at Exhibit B. 
 
NGB/A1PS concurs with the evaluation from NGB/A1YR. 
 
The complete NGB/A1PS evaluation is at Exhibit C. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
The applicant responded by stating that had he been notified and 
made  aware  that  the  transferability  was  only  available  while 
serving  in  the  Armed  Forces  and  prior  to  retirement,  he  would 
have transferred these benefits to his eligible dependents prior 
to his retirement. 
 
The applicant’s complete submission 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 not timely 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 and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  While we note the 
applicant’s  claim  that  he  would  have  transferred  these 
educational benefits to his dependents prior to his retirement; 
we note that he retired prior to the establishment of the Post 
9/11  GI  Bill  program  and  thus  does  not  qualify  for  these 
benefits.  Therefore, 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. 

 

2 

 

 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2012-01611 in Executive Session on 13 Nov 12, under the 
provisions of AFI 36-2603: 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 25 Apr 12, w/atchs. 
    Exhibit B.  Letter, NGB/A1YR, dated 5 Jun 12. 
    Exhibit C.  Letter, NGB/A1PS, dated 11 Jun 12. 
    Exhibit D.  Letter, SAF/MRBR, dated 19 Jun 12. 
    Exhibit E.  Letter, Applicant, dated 16 Jul 12. 
 
 
 
 
                                    
                                   Panel Chair 

 

3 

 
 

 

 
 

 
 

 



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