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AF | BCMR | CY2013 | BC 2012 03656
Original file (BC 2012 03656.txt) Auto-classification: Approved
 

 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03656 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

He be allowed to transfer an additional 18 months of Post-9/11 
GI Bill educational benefits to his son. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

At time of his separation guidelines for transfer of Post-9/11 
GI Bill benefits were not sufficiently published. He was 
unaware education benefits were required to be transferred to 
dependents while on active duty. He departed Minot AFB on or 
about 15 Jun 09, for terminal leave and permissive TDY. He was 
not contacted by the education office or other agency informing 
him of the requirement. 

 

He initially transferred nine months to his eldest son and then 
transferred an additional nine months totaling 18 months for his 
eldest son. He had intended to transfer the remaining 18 months 
to his youngest son; however, he was informed that this should 
have been done while he was on active duty. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 31 Aug 09, the applicant was relieved from active duty with a 
reason for separation of Voluntary Retirement: sufficient 
service for retirement. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial, noting the applicant did not 
provide adequate justification or documentation. He retired 
1 Sept 09. The program for the Transfer of Education Benefits 


(TEB) started 1 Aug 09. The applicant initially applied for 
transfer of nine months to his eldest son. He states that he 
then went back into TEB to transfer half of his education 
benefits to his younger son, yet there is no documentation that 
supports his request. On his Pre-Separation Counseling 
Checklist, dated 19 Feb 09, he indicated that he did not want 
any counseling by the Education Office concerning Post-9/11 GI 
Bill. He has failed to provide documentation that there was an 
error on the part of the Air Force. Since 38 USC, 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." 

 

The complete DPSIT evaluation, with attachments, is at 
Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 11 Sep 12 for review and response. As of this 
date, no response has been received by this office (Exhibit C). 

 

________________________________________________________________ 

 

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. While we note 
the steps the Air Force office of primary responsibility 
indicates were taken to inform eligible personnel of this new 
benefit, it appears that through no fault of the applicant he 
was not properly counseled regarding the steps necessary to 
transfer his benefits to his dependents. In this respect, while 
the record reflects the applicant was able to transfer half of 
the benefit to his eldest son prior to retirement, it is 
apparent that he did not fully understand that he was to make 
the election for both sons’ at that time. Therefore, we do not 
find it reasonable that he would have knowingly elected not to 
make this election prior to his retirement to ensure he had 
secured this benefit for both of his dependents. As such, in 
the interest of justice we find the evidence is sufficient to 
recommend that he be allowed to transfer his remaining Post 
9/11 GI Bill educational benefits to his son. Therefore, we 
recommend the 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 on 
31 Aug 09, he elected to transfer his Post-9/11 GI Bill 
Educational Benefits. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03656 in Executive Session on 9 May 13, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 27 Jul 12, w/atch. 

 Exhibit B. Letter, AFPC/DPSIT, dated 27 Aug 12, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 11 Sep 12. 

 

 

 

 

 Panel Chair 



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