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AF | BCMR | CY2011 | BC-2011-04097
Original file (BC-2011-04097.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04097 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show he elected to transfer his Post-
9/11 GI bill to his dependents while on active duty. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT 

 

He was not informed that he had to be on active duty in order to 
transfer his benefits to his dependent. On 31 Aug 10, when he 
attended the Transition Assistance Program (TAP) at Ellsworth 
AFB, South Dakota, the person who normally presented the Post-
9/11 GI Bill briefing was not available, and the alternate 
briefer did not cover the topic of transferability. Therefore, 
he was unaware of the requirement to be on active duty to elect 
to transfer his benefits until Sep 11 when he read about it in 
the Air Force Times. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application, extracted from 
the applicant’s master personnel records, are described in the 
letter prepared by the Air Force office of responsibility which 
is included at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial, indicating there is no evidence of 
an error or injustice. For the first time in history, 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 Aug 09, who is eligible for the Post-9/11 benefits, 
has at least six years of service in the Armed Force on the date 
of election, and agrees to serve a specified additional period in 
the Armed Forces on the date of election (if applicable), may 


transfer unused Post-9/11 benefits to their dependents pursuant 
to Service regulations (38 U.S.C. § 3319(b)(1)). However, the 
transfer 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. 38 U.S.C. § 3323(b)(1) and (2) 
require the Secretary to provide the member information on the 
Post-9/11 GI Bill as specified in DoD Regulations. The Air 
Force, in implementing its guidance, developed a communications 
plan that used the Air Force Personnel Center Commander and the 
Education and Training Sections at each installation to serve as 
spokespersons to communicate the Post-9/11 GI Bill transfer-to-
dependent program using internal media, internal communications 
tools, and external trade publications. In addition, the 
Department of Veterans Affairs (DVA), the DoD and the Military 
Services widely publicized the Post-9/11 GI Bill and the 
transferability feature. The DoD developed a special website to 
facilitate the transfer of educational benefits. The applicable 
Department of Defense Directive Type Memorandum (DTM) and the Air 
Force Instruction both state the transfer must be made while the 
member is serving in the Armed Forces, and both were published on 
government-hosted websites prior to 1 Aug 09. Notably, since 
1 Aug 09, the Air Force approved over 50,000 transferability 
applications. The applicant acknowledges that he was briefed on 
the Post-9/11 GI Bill during TAP, but failed to transfer to this 
dependents before his retirement. He did not provide sufficient 
information to prove there was an error or injustice. 

 

The complete AFPC/DPSIT evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant reiterates that he was not properly advised of the 
requirement to be on active duty to elect to transfer his 
benefits and submits materials he received from the Department of 
Veterans Affairs (DVA), none of which indicate the requirement to 
be on active duty to elect the transfer. In addition, he 
restates his contention that he cannot recall transferability 
being discussed during the TAP presentation about the Post-9/11 
GI Bill. 

 

The applicant’s complete response, with attachments, is at 
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 an error or injustice. We took 
notice of the applicant’s complete submission, including his 
response to the Air Force evaluation, in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility (OPR) and adopt 
its rationale as the basis for our conclusion the applicant has 
not been the victim of an error of injustice. Therefore, 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-2011-04097 in Executive Session on 3 Apr 12, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence pertaining was considered: 

 

 Exhibit A. DD Form 149, dated 14 Sep 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, ARPC/DPSIT, dated 27 Oct 11. 

 Exhibit D. Letter, Applicant, undated. 

 

 

 

 

 

 Panel Chair 



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