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AF | BCMR | CY2012 | BC-2012-02236
Original file (BC-2012-02236.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02236 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was never informed of the proper way to transfer Post 9/11 GI 
Bill benefits while he was in the Air National Guard (ANG). 

 

He was advised that if his children were enrolled in the Defense 
Enrollment Eligibility Reporting System (DEERS) and he had a 
letter from the Department of Veteran Affairs, he could transfer 
benefits to his dependents. 

 

The information available at the time of his retirement led him 
to believe his dependents were already approved. He was shocked 
and disappointed to learn the transfer was not complete. 

 

In support of his request the applicant provides copies of his 
NGB Form 22, Report of Separation and Record of Service; NGB 
Form 438, Honorable Discharge from the Armed Forces of the 
United States of America - ANG, and other items in support of 
his request. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 30 Dec 2010, the applicant retired from the ANG in the grade 
of lieutenant colonel (Lt Col, O-5). 

 

Post-9/11 GI Bill: Any member of the Armed Forces (active duty 
or Selected Reserve, officer or enlisted) on or after 1 Aug 
2009, who is eligible for the Post 9/11 GI Bill, and: 

 

• Has at least six years of service in the Armed Forces on 
the date of election and agrees to serve four additional 
years in the Armed Forces from the date of election. 


 


• Has at least 10 years of service in the Armed Forces 
(active duty and/or selected reserve) on the date of 
election, is precluded by either standard policy (service 
or DoD) or statute from committing to four additional 
years, and agrees to serve for the maximum amount of time 
allowed by such policy or statute, or 


 

• Is or becomes retirement eligible during the period from 
1 Aug 2009, through 1 Aug 2013. A service member is 
considered to be retirement eligible if he or she has 
completed 20 years of active duty or 20 qualifying years of 
reserve service. 


 

• For those individuals eligible for retirement on 1 Aug 
2009, no additional service is required. 




 

• For those individuals who have an approved retirement 
date after 1 Aug 2009, and before 1 Jul 2010, no 
additional service is required. 




 

• For those individuals eligible for retirement after 
1 Aug 2009, and before 1 Aug 2010, one year of 
additional service after approval of transfer is 
required. 




 

• For those individuals eligible for retirement on or 
after 1 Aug 2010, and before 1 Aug 2011, two years of 
additional service after approval of transfer are 
required. 




 

• For those individuals eligible for retirement on or 
after 1 Aug 2011, and before 1 Aug 2012, three years 
of additional service after approval of transfer 
required. 




 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/RSR recommends approval. RSR states they contacted the 
Retention Office Manager (ROM) at the applicant’s former Wing to 
obtain additional information. The ROM stated he did not out-
process prior to his retirement date and did not receive a Post-
9/11 GI Bill briefing from their office. Therefore, he never 
received the Post 9/11 GI Bill separation counseling regarding 
the requirement to submit the Transfer of Education Benefits 
(TEB) request before his retirement. 

 

The complete RSR evaluation is at Exhibit B. 

 


NGB/A1PS concurs with RSR and recommends approval of the 
applicant’s request to change his eligibility to transfer his 
Post 9/11 GI Bill benefits to his dependents. 

 

The complete A1PS evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 10 Sep 2012, copies of the Air Force evaluations were 
forwarded to the applicant for review and comment within 
30 days. To date, a response has not been received (Exhibit D). 

 

________________________________________________________________ 

 

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. The applicant 
is requesting he be allowed to transfer his benefits to his 
dependents stating he was never informed on the proper way to 
transfer the benefits. We note the Air Force offices of primary 
responsibility (OPR) state the applicant did not out-process 
through his unit or the retention office and therefore did not 
receive the Post 9/11 GI bill separation counseling. As such, 
in our view, the applicant failed to take advantage of the 
available channels to obtain information regarding how to 
transfer his education benefits. Should the applicant provide 
information that supports he failed to receive proper counseling 
on the Post 9/11 benefits through no fault of his own, we would 
be willing to reconsider his request. In the absence of 
persuasive evidence that he was denied rights to which he was 
entitled, 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-2012-02236 in Executive Session on 8 Jan 2013, under 
the provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

 

The following documentary evidence was considered in AFBCMR BC-
2012-02236: 

 

 Exhibit A. DD Form 149, dated 23 May 2012, w/atchs. 

 Exhibit B. Letter, NGB/RSR, dated 13 Jul 2012. 

 Exhibit C. Letter, NGB/A1PS, dated 16 Jul 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 10 Sep 2012. 

 

 

 

 

 
Panel Chair 

 

 



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