RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03678 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The official records be corrected to show he transferred his 
Post-9/11 GI Bill educational benefits to his dependents while 
he was on active duty. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He returned from a one-year deployment from a combat zone on 
5 Jun 09. He completed all of his out-processing appointments 
and then started regular leave on 1 Aug 09, transitioned to 
terminal leave on 21 Aug 09, and retired on 30 Nov 09. He met 
all eligibility requirements for the Post-9/11 GI Bill Transfer 
of Educational Benefits (TEB). He feels he slipped through the 
cracks at the time when this came into law. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

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

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends approval. 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 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)). 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. Due to the 
applicant returning from a year Temporary Duty (TDY) assignment 
on 5 Jun 09, and immediately out-processing for retirement, the 
applicant was not given the opportunity to sign up for the TEB. 

 

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 29 Aug 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. Sufficient 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 and 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 been 
the victim of an error or injustice. Therefore, we recommend 
the applicant’s records be corrected as indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that on 
29 November 2009, he elected to transfer his Post-9/11 GI Bill 
Educational Benefits to his dependents. 

 

________________________________________________________________ 

 

 



The following members of the Board considered AFBCMR Docket 
Number BC-2012-03678 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 24 Jul 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 24 Aug 12. 

 Exhibit D. Letter, SAF/MRBR, dated 29 Aug 12.