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AF | BCMR | CY2010 | BC-2010-04760
Original file (BC-2010-04760.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04760 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to transfer his Post-9/11 GI Bill benefits to his 
dependent daughter effective 1 Sep 10. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT 

 

On 12 Nov 10, he attempted to transfer his Post-9/11 benefits to 
his daughter. His request to transfer his benefits was denied 
because he did not have the one year retainability requirement 
based on his approved retirement date of 1 Sep 11. He did not 
have an approved retirement date when he attended the Transition 
Assistance Program (TAP) briefing, was not aware of the one year 
retainability requirement and would have elected to transfer his 
benefits within the one year timeframe had he been informed of 
the requirement. 

 

In support of his request, the applicant provides copies of back 
ground documentation related to his request. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant currently serves in the Regular Air Force in the 
grade of master sergeant (E-7). In the spring of 2010, he 
received an assignment, and based on his personal situation he 
submitted a voluntary retirement request to avoid the permanent 
change of station move. In Oct 10, his request for voluntary 
retirement was approved. On 12 Nov 10, he attempted to transfer 
his Post-9/11 GI Bill educational benefits, but his request was 
denied due to not having the one year retainability. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

USAF/A1PA recommends denial. A1PA states the applicant’s 
decision to retire had unintended consequences but does not 
constitute an error or injustice. He completed a pre-
separation/retirement checklist that contained clear guidance on 
transferring Post-9/11 GI Bill benefits. The checklist he 
completed, acknowledged, and electronically signed states, “By 
law (USC title 38), certain enrollment actions (e.g. initiation 
of Post-9/11 GI Bill transfer of benefits) are only available 
when you are on active duty and lost once separated or 
retired…You may incur an active duty service commitment (ADSC) 
with certain enrollment actions; therefore, we highly recommend 
you seek counseling prior to submitting your application for 
separation/retirement. If you take action after being approved 
for separation/retirement, you could lose the benefit if you 
can’t complete the required service before your approved 
separation/retirement date.” 

 

A1PA states it should be noted the applicant had the opportunity 
to, but did not, transfer the benefits as early as 27 Jun 09 even 
though the effective date would not have been earlier than 
1 Aug 09. In theory, if he had transferred benefits in a timely 
fashion, he could have served the one-year commitment before 
retirement. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He did not have a retirement date when he attended the TAP 
briefing. If he had any chance of gaining eight more weeks of 
retainability needed for the one year retainability needed in his 
situation, he would have transferred the Post-9/11 benefits to 
his daughter a long time before. Had he been given accurate 
information at his TAP briefing, he would have had an opportunity 
to remedy this situation. He emphasizes that had he known about 
the one year retainability requirement, he would have transferred 
his Post-9/11 GI Bill to his daughter some time ago. Many people 
within the Air Force don’t understand the requirements of the 
program and there is widespread confusion concerning this 
benefit. 

 

The applicant’s complete response, with attachments, is at 
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 error or injustice. While we note 
the steps the Air Force office of primary responsibility (OPR) 
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. In addition we find 
no basis to question the applicant's account in this matter and 
do not find it reasonable that he would have knowingly elected 
not to pursue use of this important entitlement. Therefore, we 
elect to resolve any doubt in this matter in behalf of the 
applicant and recommend the 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 he elected to 
transfer his Post 9/11 GI Bill Educational Benefits to 
DEPENDENT’S NAME, effective 30 Aug 10. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-04760 in Executive Session on 29 Jul 11, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

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

 

 Exhibit A. DD Form 149, dated 21 Dec 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, USAF/A1PA, dated 30 Nov 10. 

 Exhibit D. Letter, SAF/MRBR, dated 10 Dec 10. 

 Exhibit E. Letter, Applicant, dated 28 Dec 10, w/atchs. 

 

 

 

 

 Panel Chair 



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