RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02226 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

He be allowed to transfer his Post 9/11 GI Bill educational 
benefits to his son. 

 

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APPLICANT CONTENDS THAT: 

 

In Jul 07, he retired with 20 years of service. 

 

He could not transfer his benefits unless he was on active duty 
in 2009. He would gladly have served his country for an 
additional two years to ensure his son would receive a quality 
education. 

 

His family is on a fixed income and he believed his son’s 
education was taken care of through the GI Bill. 

 

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

 

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STATEMENT OF FACTS: 

 

On 1 Jul 07, the applicant retired from military service. He 
served 20 years, 2 months and 8 days on active duty. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT notes the member retired 
effective 30 Jun 07 and the Transfer of Education Benefits (TEB) 
started on 1 Aug 09. Title 38 USC, Chapter 33, Section 
3319(f)(1) states that “an individual…may transfer such 
entitlement only while serving as a member of the armed forces 
when the transfer is executed. 

 


The complete DPSIT evaluation is at Exhibit C. 

 

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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, this office has received no response (Exhibit D). 

 

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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. 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 and adopt its 
rationale as the basis for our conclusion that 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. 

 

_________________________________________________________________ 

 

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 Feb 13, under the provisions of AFI 36-
2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence was considered in AFBCMR BC-
2012-02226: 

 

 Exhibit A. DD Form 149, dated 15 May 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIT, dated 4 Jun 12. 

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