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AF | BCMR | CY2012 | BC-2012-01983
Original file (BC-2012-01983.pdf) Auto-classification: Approved
 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
 

DOCKET NUMBER:  BC-2012-01983 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
IN THE MATTER OF: 
   
  XXXXXXXXXXXXXXXXXXXX 
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He be allowed to transfer his Post-9/11 GI Bill benefits to his 
spouse.   
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  was  not  informed  of  the  Post  9/11  GI  Bill  Transfer  of 
Education  Benefits  (TEB).    He  retired  effective  1  August  2009, 
but if he had received this information during his attendance at 
the  Transition  Assistance  Program  (TAP),  he  would  have 
transferred his benefits at that time.   
 
The  applicant  does  not  provide  any  evidence  in  support  of  his 
appeal.   
 
The applicant’s complete submission is at Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant is a former member of the Regular Air Force who was 
released from active duty effective 31 July 2009, in the grade of 
senior  master  sergeant  (E-8),  and  retired  effective  1  August 
2009.   
 
The  remaining  relevant  facts,  extracted  from  the  applicant’s 
military service records, are contained in the evaluation by the 
Air Force office of primary responsibility at Exhibit B.  
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIT  recommends  denial.    DPSIT  states  that  the  applicant 
retired  effective  31  July  2009.    The  program  for  TEB  started 
1 August 2009.  The applicant states he was not advised of the 
TEB  at  the  time  of  his  attendance  of  the  TAP;  however,  no 
guidance was available at the time of his briefing on 5 November 
2008.    Since  Title  38,  United  States  Code,  Chapter  33,  Section 

 

 

3319(f)(1),  states  that  “an  individual……may  transfer  such 
entitlement  only  while  serving  as  a  member  of  the  armed  forces 
when the transfer is executed,” they can only recommend denial.  
They find no injustice to the extent that the applicant did not 
receive adequate counseling as required by law and Department of 
Defense regulation.   
 
The complete DPSIT evaluation, with attachments, is at Exhibit B. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A copy of the Air Force evaluation was forwarded to the applicant 
on 18 June 2012, for review and comment within 30 days (Exhibit 
C).  As of this date, this office has received no response.  
 
________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The applicant has exhausted all remedies provided by existing 
law or regulations. 
 
2.  The application was timely filed. 
 
3.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  error  or  injustice  warranting 
corrective  action  regarding  the  applicant’s  Transfer  of 
Educational  Benefits.    We  note  the  comments  of  the  Air  Force 
office  of  primary  responsibility;  nonetheless,  we  find  the 
applicant was not properly briefed on the extension requirements 
for his entitlement to the benefits of the TEB.  We believe if he 
would  have  known  of  the  extension  requirements,  he  would  have 
requested  the  one-month  extension  needed.    Since  Air  Force 
members  similarly  situated  to  the  applicant  were  provided  the 
opportunity to extend their service solely to qualify to transfer 
their  benefits,  we  find  the  evidence  provided  sufficient  to 
resolve any doubt in favor of the applicant and believe it is in 
the  interest  of  justice  to  grant  the  requested  relief.  
Therefore,  based  on  the  evidence  presented,  we  recommend  the 
applicant’s record be corrected as indicated below. 
 
________________________________________________________________ 
 
THE BOARD RECOMMENDS THAT: 
 
The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that:  
 
but was continued until 31 August 2009.   

a. On  31  July  2009,  he  was  not  relieved  from  active  duty, 

2 

 

 

Bill Educational Benefits. 

 
b. On 1 August 2009, he elected to transfer his Post 9/11 GI 
 
c. On 31 August 2009, he was relieved from active duty and 

retired effective 1 September 2009. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01983  in  Executive  Session  on  11  February  2013, 
under the provisions of AFI 36-2603: 
 

XXXXXXXXXXXXXXXXXXXX, Panel Chair 
XXXXXXXXXXXXXXXXXXXX, Member 
XXXXXXXXXXXXXXXXXXXX, Member 

 
All  members  voted  to  correct  the  records,  as  recommended.    The 
following  documentary evidence was considered for AFBCMR Docket 
Number BC-2012-01983: 
 
     Exhibit A.  DD Form 149, dated 12 May 12. 
     Exhibit B.  Letter, AFPC/DPSIT, dated 22 May 12. 
     Exhibit C.  Letter, SAF/MRBR, dated 18 Jun 12. 
 
 
 
 

XXXXXXXXXXXXXXXXXXXXXX 
Acting Panel Chair 

 
 
 

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