RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02648 

COUNSEL: NO 

 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 attempting to apply for benefits on-line, the Defense 
Manpower Data Center (DMDC) website indicated that he may not be 
eligible to transfer benefits. After inquiring further, he was 
told that he had to be on active duty in order to transfer his 
benefits. He was not briefed regarding the transferability prior 
to his retirement. The only mandatory briefing he had to attend 
was the Survivor Benefits Program (SBP) briefing. He understood 
that he would have the option of either plan as well as having 
the option to transfer his benefits to his dependents at any 
time. He was never given any restrictions or deadlines to 
transfer entitlements prior to retiring and he feels he should be 
afforded the opportunity to transfer the education benefits to 
his dependents. He has always intended on transferring the 
education benefits to his dependents. 

 

The applicant does not provide any supporting documentation. 

 

The applicant’s complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired on 31 Jan 10 in the grade of master 
sergeant. 

 

The Post-9/11 GI Bill was widely publicized along with the 
transferability feature. To be eligible, a member must have been 
on active duty on or after 1 Aug 09 and agree to serve a 
prescribed term of service. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 


 

AFPC/DPSIT recommends denial. The Post 9/11 Educational 
Assistance referred to as the authority to transfer unused 
education benefits to family members was used to promote 
recruitment and retention of members of the Armed Forces. The 
member was ineligible to apply for the Post-9/11 GI Bill transfer 
of benefits to dependents because he had an approved retirement 
in Jun 09. DPSIT further states that all members 
separating/retiring from the Air Force are given a mandatory 
briefing through the Airman and Family Readiness Support Center, 
Transition Assistance Program (TAP). 

 

The AFPC/DPSIT complete evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

1. The AFPC/DPSIT evaluation statement, “The fact that member was 
ineligible to apply for the Post 9/11 GI bill transfer of 
dependents because member had an approved retirement in June 09” 
is misleading as he cannot find any factual information stating 
he was ineligible. If the fact that he had an approved 
retirement made him ineligible, why was he not notified? What 
“fact” regarding his ineligibility is in writing? He researched 
USC 38 and Public Law 110-252 and looked for original legislation 
and amendments, but could not find anything that stated 
ineligibility due to an approved retirement prior to Aug 09. He 
has documentation that states eligibility if member “Is or 
becomes retirement eligible during the period from Aug 1, 2009 
through Aug 1, 2013”. 

 

2. He was retirement eligible after serving 20 years on 6 Oct 08; 
however, he actually retired on 31 Jan 10. He attended the TAP 
at his base on 18 Mar 09 where he received information regarding 
the Post-9/11 GI Bill that was vague, plus the staff did not 
offer any information regarding the eligibility to transfer the 
benefit. 

 

3. When he asked the Veterans Affairs (VA) representative whether 
he would be eligible for both the traditional Montgomery GI Bill 
and the Post-9/11 GI Bill, he was told that he would be eligible 
for both. When he asked about the possibility of transferring 
the benefit he was told that information would be forthcoming. 
He did not receive any further information and assumed he would 
be eligible to use either plan and have the option to transfer 
whenever he wanted to. He has not found any information that 
would have allowed him to adjust his retirement date in order to 
transfer, nor was any information available that stated he had to 
transfer benefits while still on active duty. 

 


4. The fact that he was not offered a choice is his biggest 
concern. Had he known what choices were available and what his 
eligibility status was prior to his retirement effective date, he 
would have exercised his right to transfer this valuable benefit. 

 

_________________________________________________________________ 

 

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. After reviewing the 
evidence before us, we believe the applicant’s request should be 
granted. While we note the OPR indicates the applicant was not 
eligible to apply for the benefit due to having an approved 
retirement as of 1 June 2009, we note the applicant did not 
retire until 1 February 2010. We further note that based on 
having an approved retirement date after 1 August 2009 and before 
1 July 2010, the applicant was not required to serve additional 
time. Although the OPR indicates the applicant received a 
briefing on the transfer of benefits, we are aware there were 
problems during the initial implementation of the program and 
find it reasonable the applicant may not have fully understood 
the requirements to transfer his benefits. At any rate, we find 
the evidence submitted sufficient to resolve any doubt in this 
matter in his behalf. Therefore, we recommend the applicant’s 
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 30 January 
2010, he elected to transfer his Post 9/11 GI Bill Educational 
Benefits. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-02648 in Executive Session on 15 May 12, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

 


All members voted to correct the records, as recommended. The 
following documentary evidence for BC-2011-02648 was considered: 

 

 Exhibit A. DD Form 149, dated 15 Jul 11. 

 Exhibit B. Letter, AFPC/DPSIT, dated 22 Jul 11. 

 Exhibit C. Letter, SAF/MRBR, dated 29 Jul 11. 

 Exhibit D. Letter, Applicant, undated. 

 

 

 

 

 

 Acting Panel Chair