RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03122 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_______________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to transfer his Post 9/11 GI Bill Educational 
benefits to his dependents. 

 

_______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was told at his retirement briefing that he could transfer 
his education benefits to his dependents within three years of 
his retirement. He was never told that he had to transfer his 
Post 9/11 GI Bill benefits to his dependent prior to his 
retirement. 

 

In May 2012, when he contacted the Department of Veterans 
Affairs (DVA) to complete the transfer, he was told the transfer 
had to take place prior to his retirement. 

 

His daughter is pursuing a degree in nursing and will enter 
college as a freshman in 2013. 

 

The applicant’s complete submission is at Exhibit A. 

 

_______________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired in the grade of master sergeant (MSgt, E-
7) effective 1 Sep 2009. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit C. 

 

_______________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT states the applicant did 
not provide adequate justification/documentation that he did not 
receive a proper briefing on the transfer of education benefits 
prior to his retirement. He waited almost three years before 
inquiring about transferring benefits to his dependents. 

 


Members may have had the impression that being on active duty or 
in the Selected Reserve (SELRES) on the effective date of the 
law, 1 Aug 2009, was sufficient to vest them with the right to 
transfer benefits at some time in the future. Had those members 
sought clarification from an educational counselor, or taken 
other measures to make timely decisions before their separation 
or retirement they could have initiated a timely transfer of 
benefits. 

 

The Air Force issued AFI 36-2306, Voluntary Education Program, 
on 23 Jul 2009, which was subsequently replaced with AFI 36-
2306, Attachment 9. Paragraph A9.4.3.15.4, requires pre-
separation counseling, documented on DD Form 2648, Pre-
Separation Counseling Checklist. However, the Air Force did not 
engage in a Service-wide effort to seek out members who were 
already on terminal leave, or who had already completed their 
pre-separation counseling, in order to provide them with 
additional counseling on the Post-9/11 GI Bill. 

 

If the Board finds there was an injustice to the extent that the 
member did not receive adequate pre-separation counseling, as 
required by law and DoD regulation, and was not personally 
notified about the need to transfer while serving in the Armed 
Forces, the Board may approve the member's request. 

 

The complete DPSIT evaluation, with attachment, is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He asks the Board not to deny his request. His final out-
processing appointment was on 22 May 2009 and he was never 
briefed about the ability to transfer education benefits to his 
family members, nor was he given any options to enroll his 
family members. To deny him this benefit would be an injustice. 
In further support of his request, the applicant provides a copy 
of “Letter In-Lieu of DD Form 214.” 

 

His complete response, with attachment, is at Exhibit E. 

 

________________________________________________________________ 

 

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 error or injustice. While we note 
the steps the Air Force office of primary responsibility 
indicates were taken to inform eligible personnel of this new 


benefit, it appears that through no fault of the applicant he 
was not timely made aware of his eligibility and the steps 
necessary to transfer his benefits to his dependents. 
Therefore, in the interest of justice, we find the evidence 
sufficient to grant the requested relief and recommend his 
records be corrected as indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that on 31 Aug 
2009, he elected to transfer his Post 9/11 GI Bill Educational 
Benefits. 

 

________________________________________________________________ 

 

The following members of the Board considered Docket Number BC-
2012-03122 in Executive Session on 11 Feb 2013, under the 
provisions of AFI 36-2603: 

 

Panel Chair 

Member 

Member 

 

All members voted to correct the record as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Jul 2012. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 30 Jul 2012, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 22 Aug 2012. 

 Exhibit E. Letter, Applicant, dated 13 Sep 2012, w/atch. 

 

 

 

 

 

 Acting Panel Chair