RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02830 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

He be allowed to transfer his Post-9/11 GI Bill Transfer of 
Educational Benefits (TEB) to his dependents. 

 

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APPLICANT CONTENDS THAT: 

 

He was not briefed on the proper procedure for transferring his 
benefits prior to his retirement in June 2008. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application, extracted from 
the applicant’s military records, are contained in the letter 
prepared by the appropriate office of the Air Force at Exhibit B. 

 

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AIR FORCE EVALUATION: 

 

DPSIT recommends denial since the applicant retired effective 30 
June 2008 and the program for the transfer of benefits was not 
effective until 1 August 2009. Title 38 USC, Chapter 33, Section 
3319(f)(1) states, “an individual…may transfer such entitlement 
only while serving as a member of the armed forces when the 
transfer is executed.” 

 

The DPSIT complete evaluation is at Exhibit B. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 7 August 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 30 days 
(Exhibit C). As of this date, no response has been received by 
this office. 

 

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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 an error or injustice. The 
applicant’s contentions are duly noted; 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, we find no basis to recommend granting 
the relief sought. 

 

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THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or an 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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-02830 in Executive Session on 11 February 2013, 
under the provisions of AFI 36-2603: 

 

Although XXX was the Panel Chair, in view of his sudden 
death, XXX is signing as Acting Panel Chair. The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2012-02830 was considered: 


 

 Exhibit A. DD Form 149, dated 2 July 2012, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIT, dated 12 August 2012. 

 Exhibit C. Letter, SAF/MRBR, dated 7 August 2012.