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AF | BCMR | CY2013 | BC-2012-03357
Original file (BC-2012-03357.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-03357 
COUNSEL: NO 
HEARING DESIRED: NO 

IN THE MATTER OF: 
   
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He  be  allowed  to  transfer  his  Post-9/11  GI  Bill  education 
benefits to his dependents. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
1. In  2006,  when  he  retired  he  was  never  informed  by  the 
Department of Veterans Affairs (DVA) or anyone else that he was 
eligible  for  post  retirement  education  benefits  under  any 
program subsequent, to include the Montgomery GI Bill (MGIB); or 
that he could convert his MGIB to the Post-9/11 GI Bill; or that 
he  could  transfer  his  benefit  to  his  dependents,  or  any  family 
member  so  they  could  use  his  benefits.    Had  he  known  he  was 
eligible to transfer his benefits, he would have done so for his 
oldest  daughter  during  her  freshman  year  at  Southwestern 
University.   
 
2. The VA benefit was caught by Southwestern University pursuant 
to  reviewing  his  daughter’s  financial  aid  package.    The 
Southwestern  University  finance  office  stated  “this  is  quite 
common for the VA to omit.”  
 
The  applicant's  complete  submission,  with  attachment,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On  1  Oct  06,  the  applicant  retired  in  the  grade  of  major.    He 
served 26 years, 3 months, and 3 days of total active service.  
 
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  GI  Bill,  has  at  least  6  years  of  service  in  the 
Armed  Forces  on  the  date  of  election,  and  agrees  to  serve  a 
specified additional period in the Armed Forces from the date of 
election (if applicable), may transfer unused Post-9/11 benefits  
 
 
 

to  their  dependents  pursuant  to  Service  regulations  (38  USC 
3319(b)(1). 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIT recommends denial.  DPSIT states that there has been 
no  injustice  to  the  extent  that  the  applicant  did  not  receive 
adequate counseling as required by law and Department of Defense 
(DoD) regulation.  In addition, the Post-9/11 GI Bill education 
benefits  program  was  not  in  effect  during  the  period  the 
applicant was on active duty. 
 
The complete DPSIT evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant  on  28  Aug  12,  for  review  and  comment  within  30  days 
(Exhibit  D).    As  of  this  date,  this  office  has  not  received  a 
response. 
 
________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 
 
2.  The application was not timely 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 in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office 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.  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  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 

2 
 

 
 
 

Panel Chair 
Member 
Member 

submission of newly discovered relevant evidence not considered 
with this application.  
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  BC-2012-
03357 in Executive Session on 11 Feb 13, under the provisions of 
AFI 36-2603: 
 

 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 31 Jul 07 {sic}, w/atchs. 
    Exhibit B.  Applicant’s Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSIT, dated 13 Aug 12. 
    Exhibit D.  Letter, SAF/MRBR, dated 28 Aug 2.  
 
 
 
 
                                   
                                  Acting Panel Chair 

3 
 



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