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AF | BCMR | CY2012 | BC-2012-04096
Original file (BC-2012-04096.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04096 

 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show he transferred his Post-9/11 GI 
Bill educational benefits to his dependent son while he was on 
active duty. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The Department of the Veterans Affairs (DVA) has rated him as 
100 percent disabled. His son has been in school since 
18 Aug 12. 

 

The applicantÂ’s complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired due to medical disability on 12 Feb 03. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPSIT recommends denial, indicating there is no evidence of 
an error or injustice. For the first time in history, service 
members enrolled in the Post-9/11 GI Bill Program are able to 
transfer unused educational benefits to their dependent spouses 
or children. Any member of the Armed Forces, active duty or 
Selected Reserve, officer or enlisted, on or after 1 Aug 09, who 
is eligible for the Post-9/11 Bill, 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 can transfer their unused Post-9/11 benefits to 
their dependents. However, the applicant retired in 2003 and is 


therefore not eligible to transfer his post-educational 
benefits. 

 

A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. 

 

_______________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The reason stated in the Air Force evaluation that he could have 
only transferred those benefits while on active duty makes no 
sense. The Post-9/11 law states that an individual that served 
for 90 days after 11 Sep 01 is eligible for the TEB. It also 
states that individuals who are discharged with a service 
connected disability are eligible. He met the requirement by 
serving until being medically discharged in Mar 03. If he could 
have served longer he would have, but could not due to medical 
issues (Exhibit D). 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was untimely 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, to include his rebuttal 
response, in judging the merits of the case; however, we agree 
with the opinion and recommendation of the Air Force office of 
primary responsibility (OPR) and adopt its rationale as the 
basis for our conclusion the applicant has not been the victim 
of an error or injustice. While the applicant argues the law 
provides that those who served more than 90 days after 11 Sep 01 
may transfer their benefits to their dependents, the law clearly 
only provides that members such as the applicant are eligible 
for Post-9/11 GI Bill benefits in their own right. The transfer 
of these benefits to dependents is predicated on service 
performed on or after 1 Aug 09 which the applicant did not 
perform. 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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2012-04096 in Executive Session on 3 Jun 13, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

Member 

Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 27 Aug 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 18 Sep 12. 

 Exhibit D. Letter, SAF/MRBR, dated 1 Oct 12. 

 Exhibit E. Letter, Applicant, undated. 

 

 

 

 

 

 

 Panel Chair 



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