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AF | BCMR | CY2012 | BC-2012-04330
Original file (BC-2012-04330.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04330 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His record be corrected to reflect he transferred his Post-9/11 
GI Bill to his dependents in May 2009. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

On or about May 2009, he completed the application to transfer 
his benefits to his dependents. He received confirmation that 
his application was complete and approved; however, there is no 
record of his completed application. This affects the date of 
his transfer and it affects his active duty service commitment 
date. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is active duty serving in the grade of colonel. 

 

For individuals eligible for retirement on or after 1 August 
2011, and before 31 July 2012, 3 years of additional service is 
required. 

 

The remaining relevant facts are contained in the letter 
prepared by the Air Force office of primary responsibility which 
is listed at Exhibit B. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. For the first time in history, 
service members enrolled in 38 U.S.C, Chapter 33 (Post-9/11 
Educational Assistance) were able to transfer their benefits to 
their dependent spouse or children. Any member of the Armed 
Forces, active duty, or Selected Reserve, officer or enlisted, 
on or after 1 August 2009, who is eligible for the Post-9/11 GI 


Bill, had at least 6 years of service on the date of election 
may transfer unused Post-9/11 benefits to their dependents. The 
Department of Defense issued a regulation that authorized the 
Military Departments to offer service members the option to 
transfer benefits. The Secretary of the Air Force determined 
the Air Force would offer the transfer of benefits feature. The 
transfer must be initiated while the member is serving in the 
Armed Forces, which is defined as limited to those serving on 
active duty or in the Selected Reserves. 

 

Service Secretary’s were required, as of 22 June 2009 (reissued 
10 September 2010), to provide and document individual pre-
separation or release from active duty counseling on the Post-
9/11 GI Bill benefits. The Air Force issued guidance requiring 
pre-separation counseling be documented on the DD Form 2648. 
However, the Air Force did not engage in a Service-wide effort 
to seek out members who were already on terminal leave, or who 
had already completed their pre-separation counseling in order 
to provide them with additional counseling. 

 

The applicant states that he received confirmation that his 
application was completed and approved; however, there is no 
evidence that he signed-up for the transfer of benefits. The 
transferring of benefits process was not made available until 
the latter part of July. There is no indication in the Total 
Force Center that the applicant indeed signed-up for the 
transfer. 

 

The complete DPSIT, 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 15 October 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. After 
careful consideration of the applicant’s request and the 
available evidence of record, we find insufficient evidence of 


error or injustice to warrant corrective action. Therefore, we 
agree with the opinion and recommendation of the Air Force 
offices 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. 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-2012-04330 in Executive Session on 9 May 2013, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 20 Jul 12. 

 Exhibit B. Letter, AFPC/DPSIT, dated 24 Sep 12, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 15 Oct 12. 

 

 

 

 

 

 Panel Chair 

 



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