RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03923 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to convert his Montgomery GI Bill (MGIB) to the 
Post-9/11 GI Bill and transfer a portion of this entitlement to 
his family members. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was on terminal leave in Jul 09 and would have transferred 
benefits to his dependents prior to his retirement on 1 Nov 09. 

 

He queried the education office about converting his 
entitlement; however, they did not have enough information on 
the subject, but said he would be able to transfer everything 
after he retired. He once again queried the education officer 
after his retirement and was told that he could not convert his 
MGIB to the Post 9/11 GI Bill because he was required to make 
the election prior to his retirement. 

 

He should be afforded the same opportunities as other veterans 
who retired during the first few months of the new policy and 
were allowed to take advantage of the entitlement. 

 

In support of his request, the applicant provides a Navy Times 
article, titled “Some Army, Air Force retirees can still get GI 
Bill transfers”, copies of his Retirement Orders, and DD Form 
214, Certificate of Release or Discharge from Active Duty. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired in the grade of master sergeant effective 
31 Oct 09 after serving 22 years, 8 months, and 26 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. However, if the Board finds there 
was an injustice to the extent that the applicant did not 
receive adequate pre-separation counseling, as required by law 
and DoD regulation, and was not personally notified about the 
need to transfer benefits while serving in the Armed Forces, DoD 


has provided the Air Force with the technical/operational 
capability to execute the transfer without a need for the Board 
to return the member to active service. 

 

DPSIT states in part, 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 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 (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 18 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 timely 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 31 Oct 
09 he elected to transfer his Post 9/11 GI Bill Educational 
Benefits to a dependent, effective 1 Nov 09. 

 

________________________________________________________________ 

 


 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-03923 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: 

 

 Exhibit A. DD Form 149, dated 26 Sep 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 31 Oct 11. 

 Exhibit D. Letter, SAF/MRBR, dated 18 Nov 11. 

 

 

 

 

 

 Panel Chair