RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-05320 

 

 

 COUNSEL: NO 

 

 HEARING DESIRED: YES 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show he transferred his Post-9/11 
GI Bill educational benefits to his dependent son while he was 
on active duty. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Although he retired four years prior to the Aug 09 
implementation date for Post-9/11 educational benefits 
transferability, he is still able to use the benefits for his 
own educational goals, so he should be able to transfer them. 
He gave the Air Force and the country 20 honorable years of 
service. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served in the Regular Air Force, and retired on 
1 May 05. 

 

The remaining 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 denial, indicating there is no evidence of 
an error or injustice. 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 applicant 
retired on 1 May 05, well prior to the effective date of the 
transferability feature of the Post-9/11 GI Bill program. 
Therefore, the applicant is ineligible to transfer his 
educational benefits to his dependent. 

 

A complete copy of the 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 14 Dec 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 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 (OPR) and 
adopt its rationale as the basis for our conclusion 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. 

 

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-2012-05320 in Executive Session on 2 Jul 13, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

Member 

Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 4 Nov 12, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 19 Nov 12. 

 Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12.