RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02373 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. He be allowed to file for Post 9/11 GI Bill education 
benefits. 

 

2. He be allowed to transfer his Post 9/11 GI Bill education 
benefits to his dependent son. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was not informed of the opportunity to obtain Post 9-11 
education benefits or of the possibility to transfer these 
benefits to his dependents. His son, who is in the Air Force, 
recently informed him of this transfer of education benefits 
program. It seems unfair that those retiring after him would be 
informed of these program changes and have opportunities that he 
did not have simply because the programs were not fully 
developed or advertised before he retired from active duty. He 
was qualified to sign up for Post 9-11 benefits and transfer 
credits to his dependents but the program was not in place when 
he retired. 

 

He retired on 31 July 2002 which was before the program was 
developed or advertised. As a retiree he was not kept in the 
loop as to these types of program changes and opportunities. He 
did not have the opportunity to apply for and transfer education 
benefit as those who retired later than he had. 

 

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty. 

 

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

 


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STATEMENT OF FACTS: 

 

According to documents submitted by the applicant, he retired 
from the Air Force on 31 July 2002, in the grade of O-5, 
Lieutenant Colonel. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT states, the Department of 
Veterans Affairs (DVA), DoD, and the military services widely 
publicized the Post 9-11 GI Bill and the transferability feature 
to make sure every eligible service member understood the 
process for transferring benefits. The Transfer of Benefits 
(TEB) system began accepting applications as of 27 June 2009, 
with an effective date no earlier than 1 August 2009. 

 

The program was not in effect at the time of the applicant’s 
retirement on 31 July 2002. The applicant provides no evidence 
of error or injustice on the part of the United States Air 
Force. 

 

The complete DPSIT evaluation is at Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 16 July 2012, for review and comment within 30 days 
(Exhibit C). To date, this office has not received a response. 

 

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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. After a thorough 
review of the evidence of record and applicant's submission, we 
believe that relief is not warranted in this case. Therefore, 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 the applicant has not been the victim of an error 
or injustice. In view of the above and 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 this application 
in Executive Session on 11 February 2013, under the provisions 
of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-02373 was considered: 

 

 Exhibit A. DD Form 149, dated 25 April 2012, w/atch. 

 Exhibit B. Letter, AFPC/DPSIT, dated 19 June 2012. 

 Exhibit C. Letter, SAF/MRBR, dated 16 July 2012.