RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03730 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to transfer his Post-9/11 GI Bill benefits to his 
children. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was not adequately notified of the opportunity to transfer 
Post 9/11 GI Bill benefits prior to his retirement on 30 Sep 10. 

 

The process of transferring this benefit to his children was not 
thoroughly explained to personnel who were eligible to retire. 

 

He was retirement eligible as of 1 Sep 10 and served in the 
military since Sep 86 and completed 20 years of active duty 
service and four years of reserve duty. 

 

Career airmen are not being treated fairly. He completed 
20 years of service, nine of them after 11 Sep 01 and he is 
unable to transfer these benefits, whereas Guard members who 
have faithfully served, but not in a full time capacity are 
granted this benefit. 

 

He decided to retire due to the newest physical fitness program 
because he had two knee surgeries and was unable to participate. 
He would not be doing the Air Force justice by taking a spot 
from another younger NCO who would be able to participate so he 
decided to retire. 

 

He did not feel he would be physically able to complete the 
required time frame to be able to transfer this benefit to his 
children. 

 

The Post 9/11 rules for transfer did not take into account those 
who had served prior to 9/11. 

 

He is in a peculiar situation since he was honorably discharged 
and then re-enlisted back into the Air Force prior to 11 Sep 01. 
Upon entry into the Air Force in 1986 he contributed to the 
Montgomery GI Bill. At that point in his career he was unsure 
if he would pursue college, but planned ahead just in case. 

 


He would very much like to pass this unused benefit to his 
children and give them a head start in life. 

 

He also served during Desert Storm and would like the Board to 
consider this due to his unique situation. 

 

In support of his request, the applicant, submits an electronic 
communiqué with information he wanted to include in the remarks 
section of his request. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired in the grade of technical sergeant 
effective 30 Sep 10 after serving 20 years, 1 month, and 22 days 
on active duty. 

 

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

 

• Has at least six years of service in the Armed Forces on 
the date of election and agrees to serve four 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 selected reserve) on the date of 
election, is precluded by either standard policy (service 
or 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, one 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, two 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, three years of 
additional service after approval of transfer 
required. 




 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT states the applicant 
retired on 30 Sep 10 and is not entitled to transfer his Post-
9/11 GI Bill benefits to his dependents. 

 

DPSIT states in part that, service members enrolled in 
38 U.S.C., Chapter 33 (Post-9/11 Educational Assistance), are 
able to transfer unused educational benefits to their dependent 
spouses or children. Any member of the Armed Forces, active 
duty or Selected Reserve, officer or enlisted, on or after 
1 August 09, who is eligible for the Post-9/11 GI Bill, has at 
least six 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 (if applicable), may 
transfer unused Post-9/11 benefits to their dependents pursuant 
to Service regulations. The transfer of Post 9/11 GI Bill 
benefits must be initiated while the member is serving in the 
Armed Forces, which is defined as limited to those on active 
duty or in the Selected Reserve. 

 

The Air Force issued AFI 36-2306, Voluntary Education Program, 
on 23 July 09, which was subsequently replaced with AFI 36-2306, 
Attachment 9. Paragraph A9.4.3.15.4, requires pre-separation 
counseling, documented on DD Form 2648, Pre-Separation 
Counseling Checklist. However, the Air Force did not engage in 
a Service-wide effort to seek out members who were already on 
terminal leave, or who had already completed their pre-
separation counseling, in order to provide them with additional 
counseling on the Post-9/11 GI Bill. 

 

The complete DPSIT evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

 


APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 10 Nov 11, a copy of the Air Force evaluation was forwarded 
to the applicant 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 filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. While we note 
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 timely made aware of his eligibility and the steps 
necessary to transfer his benefits to his dependents. In 
addition we find no basis to question the applicant's account in 
this matter and do not find it reasonable that he would have 
knowingly elected not to pursue use of this important 
entitlement. Therefore, we elect to resolve any doubt in this 
matter in behalf of the applicant and recommend the 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 Jun 
10 he elected to transfer his Post 9/11 GI Bill Educational 
Benefits to his dependents, effective 1 Jul 10. 

 

________________________________________________________________ 

 


 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-03730 in Executive Session on 27 Mar 11, under 
the provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Sep 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 18 Oct 11. 

 Exhibit D. Letter, SAF/MRBR, dated 10 Nov 10. 

 

 

 

 

 

 Panel Chair