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AF | BCMR | CY2011 | BC-2011-00444
Original file (BC-2011-00444.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00444 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

While deployed to Iraq he was miscounseled regarding transferring 
Post 9/11 GI Bill benefits to his dependents while on active 
duty. He also states that he was told he could transfer the 
benefits without incurring an active duty service commitment 
(ADSC). When he submitted his application it was denied because 
he had an approved retirement date and could not accept the one-
year ADSC. He being deployed restricted his options for access 
to the correct information regarding transferring Post 9/11 GI 
Bill benefits. 

 

In support of his appeal, the applicant provides a copy of his 
transfer request. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former Regular Air Force member who retired on 
1 Feb 11. 

 

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

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AF/A1PA recommends denial, indicating there is no evidence of an 
error or injustice. Service members who have 20 years of service 
as of 1 Aug 09 or had an approved retirement date after 1 Aug 09 


and before 1 Jul 10 were not required to incur an active duty 
service commitment to be eligible to transfer to their benefits 
to their eligible dependents. The applicant stated he was 
advised by the MPF that he could transfer benefits and not incur 
an additional service commitment; however, he has not provided 
any evidence to support his assertion, which contradicts the 
published program information indicating the service member had 
to have completed 20 years of service as of 1 Aug 09 in order to 
transfer benefits without incurring an additional service 
commitment. The applicant further contends his being deployed 
severely restricted him from accessing the correct information 
regarding the transfer of benefits. However, the applicant had 
options available to him to access the information for 
transferring benefits. This information was published on 
Department of Defense (DOD) and Air Force websites and service 
members could access the Internet from their government work 
stations, internet cafes on base, or a wireless service provider. 

 

The complete AF/A1PA evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states that he had very limited access to the 
correct information due to being deployed to Iraq. He was 
deployed to small outposts working long hours and traveling by 
convoy; as such, his access was limited to internet cafés and 
government work stations--he had no wireless internet provider. 
When he did manage to inquire about the program, he was advised 
that he would not require a service commitment if he entered 
active duty prior to August 1990. Even after he returned from 
his deployment he was told he could transfer benefits without 
incurring a service commitment based on his date of entry onto 
active duty. 

 

The applicant’s complete response 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. After a 
thorough review of the evidence of record and the applicant’s 
complete submission, we are not persuaded that relief is 
warranted in this case. In that regard, although we have 
determined in other cases of this type that relief was warranted, 
our decision was based on giving applicants the benefit of the 


doubt that they were not properly counseled and informed 
regarding the rules for transferring benefits during the Air 
Force’s implementation of the program. However, in our view, 
this was over a limited period culminating with issuance of 
updated instructions in November 2009. We note the applicant 
retired effective 1 Feb 11 and we do not find the evidence 
submitted sufficiently explains why he was not aware of the 
actions necessary to transfer his benefits. Therefore, in view 
of the above and in the absence of evidence to the contrary, we 
find no basis to recommend granting the relief sought. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2011-00444 in Executive Session on 25 Aug 11 under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-00444 was considered: 

 

 Exhibit A. DD Form 149, dated 27 Jan 11, w/atchs. 

 Exhibit B. Applicant’s Military Personnel Records. 

 Exhibit C. Letter, AF/A1PA, dated 8 Apr 11. 

 Exhibit D. Letter, SAF/MRBR, dated 15 Apr 11. 

 Exhibit E. Letter, Applicant, dated 9 Jun 11. 

 

 

 

 

 

 Panel Chair 



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