RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00707 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be allowed to transfer her Post 9/11 GI Bill benefits to her 
dependents. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She attended a Transition Assistance Planning (TAP) seminar in 
Feb 10, prior to her retirement on 1 Sep 10. She received a 
briefing on the GI Bill benefits by a Department of Veterans 
Affairs (DVA) representative. Her understanding of the briefing 
was that she was eligible to transfer her unused Montgomery GI 
Bill (MGIB) to the Post 9/11 GI Bill. She was instructed that 
the transfer to the Post 9/11 GI Bill from the MGIB was a one-
time, irrevocable decision she had to make prior to retirement. 

 

She was directed to the VA GI Bill website to submit an 
application for transfer of enrollment to the Post 9/11 GI Bill. 
She was told by a VA GI Bill customer service representative that 
the transfer of benefits must be done while she was still on 
active duty and must be completed on the Department of Defense 
(DoD) GI Bill website. She was not aware there were two separate 
websites, or that she was required to make her transferability 
election on the DoD website prior to retirement. 

 

She completed the VA Form 22-1990, Application for VA Education 
Benefits, on 30 Aug 10. She attempted to complete the VA 
Transferability of Benefits Form for her dependents on 23 Feb 11; 
however, none of her dependents were listed as eligible. 

 

She understood the only requirement prior to retirement was to 
complete the transfer from the MGIB to the Post 9/11 GI Bill. 
Since she already has a graduate degree, she fully intended to 
apply for transfer of her Post 9/11 GI Bill benefits to one or 
both of her dependents. 

 

In support of her request, the applicant provides a copy of VA 
Form 22-1990. 

 

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

 

_________________________________________________________________ 


 

STATEMENT OF FACTS: 

 

The applicant retired in the grade of lieutenant colonel 
effective 1 Sep 10 after serving 23 years, 1 month, and 2 days on 
active duty. 

 

Post-9/11 GI Bill: Any member of the Armed Forces (active duty 
or Selected Reserve (SelRes), officer or enlisted) on or after 
1 Aug 09, who is eligible for the Post 9/11 GI Bill, and: 

 

• Has at least 6 years of service in the Armed Forces on the 
date of election and agrees to serve 4 additional years in 
the Armed Forces from the date of election. 


 

• Has at least 10 years of service in the Armed Forces 
(active duty and/or SelRes on the date of election, is 
precluded by either standard policy (service or DoD) or 
statute from committing to 4 additional years, and agrees 
to serve for the maximum amount of time allowed by such 
policy or statute, or 


 

• Is or becomes retirement eligible during the period from 
1 Aug 09 through 1 Aug 13. A service member is considered 
to be retirement eligible if he or she has completed 20 
years of active duty or 20 qualifying years of reserve 
service. 


 

• For those individuals eligible for retirement on 1 Aug 
09, no additional service is required. 


 

• For those individuals who have an approved retirement 
date after 1 Aug 09, and before 1 Jul 10, no additional 
service is required. 


 

• For those individuals eligible for retirement after 
1 Aug 09, and before 1 Aug 10, 1 year of additional 
service after approval of transfer is required. 


 

• For those individuals eligible for retirement on or 
after 1 Aug 10, and before 1 Aug 11, 2 years of 
additional service after approval of transfer are 
required. 


 

• For those individuals eligible for retirement on or 
after 1 Aug 11, and before 1 Aug 12, 3 years of 
additional service after approval of transfer are 
required. 


 

_________________________________________________________________ 

 

 

 


AIR FORCE EVALUATION: 

 

HQ USAF/A1PA recommends denial. A1PA states the applicant 
received the appropriate Post-9/11 GI Bill briefing and had 
access to web-based Post-9/11 GI Bill transfer information that 
contained information on the requirement to transfer benefits 
while still serving in the Armed Forces. 

 

The applicant states she attended a TAP seminar in Feb 10, and 
received a briefing on the Post-9/11 GI Bill. The briefing was 
standardized across the Air Force in late 2009, and contained the 
basic information about the program and included the requirement 
to be on active duty to transfer benefits. The VA GI Bill 
website also had a link to the Post-9/11 GI Bill site that 
included an additional link to complete information about how to 
transfer benefits to dependents. This page clearly states the 
eligibility requirements. The Air Force made every reasonable 
effort to ensure the information was available to the member 
prior to her retirement. 

 

The complete A1PA evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 15 Apr 11, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. To date, a 
response has not been received (Exhibit C). 

 

_________________________________________________________________ 

 

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 error or injustice. After a 
thorough review of the evidence of record and the applicant’s 
submission, we are not persuaded the applicant has been the 
victim of an error or injustice. The applicant’s contentions are 
duly noted; however, we do not find these assertions, in and by 
themselves, sufficiently persuasive to override the rationale 
provided by the Air Force office of primary responsibility (OPR). 
While the applicant indicates she was not aware of the 
requirement to make her transferability election prior to 
retirement, it appears the Air Force made every reasonable effort 
to ensure the information was available to the member prior to 
her retirement. Therefore, we agree with the opinion and 
recommendation of the Air Force OPR and adopt its rationale as 
the basis for our conclusion that the applicant has not been the 


victim of an error or injustice. In the absence of evidence to 
the contrary, we find no basis to recommend favorable 
consideration of her request. 

 

_________________________________________________________________ 

 

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 Docket Number 
BC-2011-00707 in Executive Session on 27 Jun 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 23 Feb 11, w/atch. 

 Exhibit B. Letter, HQ USAF/A1PA, dated 6 Apr 11. 

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

 

 

 

 

 

 Panel Chair