RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-05036 

 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He just became aware he had 36 months of Post-9/11 GI benefits. 
His twenty years of service should allow him to transfer the 
benefits to his family members since he is not going to use 
them. Being retired should not stop him from transferring his 
benefits. 

 

The applicant’s complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served in the Air Force Reserve, and retired on 
13 Jul 09. 

 

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: 

 

AFRC/A1K 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. However, the 
applicant retired on 13 Jul 09, prior to the 1 Aug 09 effective 
date of the transferability features of the program and is 
therefore not entitled to transfer his educational benefits. 

 

A complete copy of the AFRC/A1K 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 11 Jan 13 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. 

 

_________________________________________________________________ 

 

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-2012-05036 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 22 Oct 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFRC/A1K, dated 20 Dec 12. 

 Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13. 

 

 

 

 

 

 

 Panel Chair