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AF | BCMR | CY2012 | BC-2012-01684
Original file (BC-2012-01684.pdf) Auto-classification: Denied
  

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

HEARING DESIRED:  NO 

 
DOCKET NUMBER:  BC-2012-01684 
 
COUNSEL:  NONE 

IN THE MATTER OF: 
   
   
 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He  be  allowed  to  transfer  his  Post-9/11  GI  Bill  benefits  to  his 
son. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  was  on  stop-loss  for  2  years  after  September  11th  and 
qualifies  for  the  Post-9/11  GI  Bill.    When  he  out  processed  in 
January  2003,  the  conditions  of  the  transfer  of  benefits  were 
not  yet  put  into  place.    Once  he  learned  he  could  transfer  his 
benefits,  he  elected  to  transfer  the  benefits  to  his  son  to 
allow him the opportunity to graduate from college.  He recently 
learned  he  had  to  be  on  active  duty  to  transfer  the  benefits.  
Due  to  his  separation  prior  to  the  Post-9/11  GI  Bill  inception, 
he  was  not  afforded  the  opportunity  to  transfer  his  benefits  to 
his son. 
 
In  support  of  his  appeal,  the  applicant  provides  his  DD  Form 
214, Certificate of Release or Discharge from Active Duty.  
 
The  applicant’s  complete  submission,  with  attachment,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  is  a  former  member  of  the  Air  Force  who  was 
honorably discharged on 16 January 2003.   
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIT  recommends  denial.    The  member  separated  January 
2003.    The  transfer  of  benefits  program  started  1  August  2009, 
therefore,  he  was  not  eligible  for  the  program.    There  was  no 
injustice  to  the  extent  the  member  was  not  properly  counseled 
regarding the program.   
 
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 19 June 2012, for review and comment within 30 days 
(Exhibit  C).    As  of  this  date,  no  response  has  been  received  by 
this office. 
 
________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 
 
2.  The application was not time; 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.  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  AFBCMR  Docket 
Number  BC-2012-01684  in  Executive  Session  on  13  September  2012, 
under the provisions of AFI 36-2603: 
 
 
 
 
 
 
 
 
 
 
 

, Panel Chair 
, Member 
, Member 

 
 
 

  
  
 

 
 
 

 
 
 

 
 
 

 
 
 

 
 
 

 
 
 

 

  

  

Exhibit A.  DD Form 149, dated 3 Mar 12, w/atch. 
Exhibit B.  Letter, AFPC/DPSIT, dated 22 May 12. 
Exhibit C.  Letter, SAF/MRBR, dated 19 Jun 12. 

 
The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-01684 was considered: 
 
 
 
 
 
 
 
 
                                   Panel Chair 

 

  



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