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AF | BCMR | CY2011 | BC-2011-02762
Original file (BC-2011-02762.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02762 

 

 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: 

 

His understanding of the process was very limited and he 
received little to no assistance from the National Guard Bureau 
(NGB) representatives. He was led to believe that he would 
receive information on the Transfer of Education Benefits (TEB) 
from the Department of Veterans Affairs (DVA) and at that time 
would be able to update his benefits for his dependents. He 
contacted the DVA and they recommended he contact the 
representative from NGB for resolution. 

 

In support of his appeal, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, issued in conjunction with his 3 Sep 02 release from 
active duty; deployment orders; email correspondence; extracts 
from his TEB application, and other supporting documents. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was placed on the USAF Retired List, effective 
15 Feb 11, and was credited with 36 years, 2 months, and 21 days 
of satisfactory Federal service towards 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 
four 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: 

 

NGB/A1PS indicates that if the applicant can provide proof that 
he attempted to change his daughter's status in DEERS prior to 
retirement that relief should be granted or if he cannot provide 
the needed proof, they recommend deny. 

 

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. 

 

NGB/RSR contacted the Retention Office Manager (ROM) of the 
applicant’s former wing, to obtain additional information. The 
ROM stated on 02 Dec 10 the applicant came in for an out-
processing briefing, due to mandatory retirement for reaching 
age 60. During the briefing, they discussed the process for 
transferring his Post 9/11 GI Bill benefits to his daughter. 

 

The ROM asked him if his daughter was under the age of 21, and 
enrolled in DEERS. He stated she was. Due to the short 
timeframe before his retirement, the ROM had the applicant 
complete the Post 9/11 GI Bill Statement of Understanding (SOU), 
prior to completing the TEB request, which states members are 
responsible for ensuring their dependents are registered in 
DEERS. The ROM further stated the applicant returned to his 
office prior to his retirement, in February 2011, because he was 
unable to transfer his benefits to his daughter. They found 
this was because his daughter was actually age 22 yrs. The ROM 
explained children drop out of DEERS as dependents when they 
reach the age of 21 yrs, if they are not full-time college 
students, and therefore are not eligible for the transfer of 
Post 9/11 GI Bill benefits. It cannot be determined if the 
applicant ever attempted to have his daughter registered back in 
DEERS. 

 

If he can provide documentation showing he attempted to change 
his daughter's status in DEERs prior to retiring and the Board 
finds there was injustice, NGB/RS recommends approval of his 
eligibility to transfer his Post 9/11 GJ Bill education benefits 
to his dependent. 

 

The complete NGB/A1PS evaluation, with attachment, 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 23 Sep 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. Based on the 
available evidence presented, the applicant was asked to provide 
additional documentation showing that he attempted to change his 
daughter’s status in the Defense Enrollment Eligibility 
Reporting System (DEERS). Should the applicant provide the 
requested information, we would be inclined to reconsider his 
request. 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 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-2011-02762 in Executive Session on 15 May 2012, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 Jul 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PS, dated 15 Sep 11, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 23 Sep 11. 

 

 Panel Chair 



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