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AF | BCMR | CY2011 | BC-2011-02845
Original file (BC-2011-02845.txt) Auto-classification: Approved
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02845 

 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: 

 

He was not briefed about this benefit at any time during his out 
processing for retirement. 

 

In support of his request, the applicant submits a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 17 October 
1985. 

 

On 31 October 2009, the applicant was relieved from active duty 
and on 1 November 2009, the applicant retired in the grade of 
master sergeant under the provisions of AFI 36-3203 (Voluntary 
Retirement Sufficient Service for Retirement). He served 
24 years and 14 days of active duty. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT states that members have had 
the impression that being on active duty or in the Selected 
Reserve (SELRES) on the effective date of the law, 1 August 2009, 
was sufficient to “vest” them with the right to transfer benefits 
at some time in the future. Had those members sought 
clarification from an education counselor, read the DoD or Air 
Force guidance that was very clear on that point, or had taken 


other measures to make timely decisions before their separation 
or retirement, they could have initiated a timely transfer of 
benefits. 

 

The applicant was given adequate information and failed to follow 
through with the requirement to transfer benefits while on active 
duty. 

 

The complete DPSIT evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 16 September 2011, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C). As of this date, this office has received no 
response. 

 

_________________________________________________________________ 

 

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. While the 
majority of the Board notes the steps the Air Force office of 
primary responsibility indicates were taken to inform eligible 
personnel of this new benefit, it appears that through no fault 
of the applicant, he was not fully aware of the steps necessary 
to transfer his benefits to his dependents. In addition, the 
majority of the Board finds the evidence sufficient to give him 
the benefit of doubt in this matter as it does not appear 
reasonable that he would have knowingly elected not to pursue use 
of this important entitlement. Therefore, the majority of the 
Board elects to resolve any doubt in this matter in behalf of the 
applicant and recommends the records be corrected as indicated 
below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to the APPLICANT, be corrected to show that on 
30 October 2009, he elected to transfer his Post 9/11 GI Bill 
Educational Benefits. 

 

________________________________________________________________ 


 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-02845 in Executive Session on 21 May 2012, under 
the provisions of AFI 36-2603: 

 

 

By a majority vote, the Board recommended approval of the 
application. voted to deny the applicant’s request but does not 
desire to submit a minority report. The following documentary 
evidence was considered: 

 

 Exhibit A. DD Form 149, dated 29 July 2011, w/atch. 

 Exhibit B. Letter, AFPC/DPSIT, dated 29 August 2011. 

 Exhibit C. Letter, SAF/MRBR, dated 16 September 2011. 

 

 

 

 

 Panel Chair 

 

 



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