RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02142 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His official records be corrected to show he is eligible for the 
Post-9/11 GI Bill Transfer of Education Benefits (TEB). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT 

 

He was never briefed on, made aware of, or given information on 
the Post-9/11 GI Bill TEB Program. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 30 Jun 07, the applicant was relieved from active duty and 
retired for length of service, effective 1 Jul 07. 

 

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 (Title 38 USC, 
Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33, 
§ 3319(f)(1) adds that the transfer of such entitlement can only 
be done while serving as a member of the armed forces when the 
transfer is executed. 

 

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

 

_________________________________________________________________ 

 


 

 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial, indicating there is no evidence of 
an error or injustice. The TEB program was not in effect at the 
time of the applicant’s retirement in 2007. In order to be 
eligible to transfer his benefits, he would have had to retire no 
earlier than 1 Aug 09. 

 

The complete AFPC/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 19 Jun 12 for review and comment within 30 days. As of this 
date, no response has been received by this office (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 an 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 
(OPR) and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error of injustice. 
Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting the relief sought in this 
application. 

 

4. The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably considered. 

 

________________________________________________________________ 

 

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-2012-02142 in Executive Session on 8 Jan 13, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 21 May 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 7 Jun 12. 

 Exhibit D. Letter, SAF/MRBR, dated 19 Jun 12.