RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02115 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He was not aware that he had to process his application through 
the Air Force Personnel Center (AFPC). When he attended the 
briefings in 2009, he processed his application and received 
confirmation from the Department of Veterans Affairs (DVA) and 
believed he had taken all the required actions necessary to 
complete the transfer of benefits for his children. If he had 
known he needed to take any other actions to transfer his 
benefits to his children he would have done so. 

 

He had surgery in 2009, was deployed shortly after filing his 
application and remained deployed throughout 2010, went on 
terminal leave and then retired early 2011, and did not realize 
that his application was not complete. 

 

In support of his appeal, the applicant provides a timeline of 
the events leading up to his retirement; copies of his DD Form 
214, Certificate of Release or Discharge from Active Duty, 
issued in conjunction with his 28 Feb 11, and other supporting 
documents. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was relieved from active duty, on 28 Feb 11, with 
a reason for separation of Voluntary Retirement: Sufficient 
Service for Retirement. 

 


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 a specified additional 
period 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 Department 
of Defense (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, stating, in part, that the 
applicant had access and opportunity, and time between 
1 August 2009 and his 1 March 2011 retirement date to ensure he 
completed the transfer of benefits to his children. 

 


The Air Force, in implementing its guidance, developed a 
communication plan that used the Air Force Personnel Center 
Commander and the Education and Training Section at each 
installation to serve as spokespersons to communicate the Post-
9/11 GI Bill transfer-to-dependent program using internal media, 
internal communication tools, and external trade publications. 
There were various news articles about the Post-9/11 GI Bill to 
be eligible to transfer benefits. 

 

The Department of Veterans Affairs (DVA), the DoD and the 
Military Services widely publicized the Post-9/11 GI Bill and 
the transferability feature. DoD developed a special website, 
hosted by Defense Manpower Data Center (DMDC), to facilitate the 
transfer of educational benefits. The website system was 
operational on 27 June 2009 for the purpose of accepting 
transfer of benefits applications. The Directive Type Memo 
(DTM) and Air Force Instruction state the transfer must be made 
while the member is serving in the Armed Forces. Both documents 
were published on government-hosted websites prior to 1 Aug 09, 
the effective date of the Post-9/11 GI Bill. 

 

The Certificate of Eligibility the applicant received from the 
VA clearly details the service member's eligibility under the 
Post-9/11 GI Bill. It certifies the member, not anyone else was 
entitled to benefits for an approved program of education or 
training under the Post-9/11 GI Bill. There is nothing stated 
or implied in the Certif1cate of Eligibility that indicates 
transferability. 

 

He provided dates that he attended a mass briefing and 
individual counseling for the Post-9/11 GI Bill benefits. The 
mass briefing was a general standardized briefing outlining the 
details of the program and provided general eligibility criteria 
for the program. The briefing addressed the Transfer to 
Dependents as an option aimed at encouraging airmen to remain on 
active duty for at least 10 years. The Transfer of Education 
Benefits (TEB) slide highlighted that individuals apply 
separately to transfer benefits using the TEB website and 
included a statement indicating that AFPC's Service Center will 
review eligibility, and approve or reject members' application. 

 

The applicant also attended pre-separation transition counseling 
on 17 December 2010 and was advised to seek individual 
counseling in regards to VA educational benefits. He also 
attended a complete Transition Assistance Program (TAP) workshop 
in March 2010 which included a VA Benefits briefing. 

 

The complete HQ USAF/A1PA evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 


A copy of the Air Force evaluation was forwarded to the 
applicant on 22 Jul 11 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 timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice regarding the 
applicant’s Transfer of Educational Benefits. 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 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-2011-02115 in Executive Session on 3 April 2012, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 1 Jun 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, USAF/A1PA, dated 11 Jul 11. 

 Exhibit D. Letter, SAF/MRBR, dated 22 Jul 11. 

 

 

 

 

 Panel Chair