RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04210 

 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 adequately notified of the opportunity to transfer 
Post 9/11 GI Bill benefits prior to his retirement on 1 Jul 
2010. 

 

He attended the required separation briefings at his last duty 
station in Jan 2010 and began terminal leave on 1 May 2010. 

 

He recently read a news article regarding the issue of GI Bill 
transfers and believes his case directly parallels the issue 
outlined in the article. 

 

In support of his request, the applicant provides a Military 
Times article, titled “Some Army, Air Force retirees can still 
get GI Bill transfers.” 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired in the grade of lieutenant colonel 
effective 30 Jun 2010. 

 

Post-9/11 GI Bill: Any member of the Armed Forces (active duty 
or Selected Reserve, officer or enlisted) on or after 1 Aug 
2009, 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 2009, through 1 Aug 2013. 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 
2009, no additional service is required. 




 

• For those individuals who have an approved retirement 
date after 1 Aug 2009, and before 1 Jul 2010, no 
additional service is required. 




 

• For those individuals eligible for retirement after 
1 Aug 2009, and before 1 Aug 2010, one year of 
additional service after approval of transfer is 
required. 




 

• For those individuals eligible for retirement on or 
after 1 Aug 2010, and before 1 Aug 2011, two years of 
additional service after approval of transfer are 
required. 




 

• For those individuals eligible for retirement on or 
after 1 Aug 2011, and before 1 Aug 2012, three years 
of additional service after approval of transfer 
required. 




 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT states the applicant did 
not provided adequate justification or documentation. He 
received pre-separation counseling on 5 Jan 2010 and indicated 
on his DD Form 2648, Preseparation Counseling Checklist For 
Active Component Service Members, that he did not want 


counseling for education benefits prior to his retirement. 
There is no record of his applying for the benefit in Transfer 
of Education Benefits (TEB) or any Right Now Technology (RNT) 
records. 

 

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 Aug 
2009, 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 Jul 2009, 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 6 Apr 2012, 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. 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. 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 that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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-2011-04210 in Executive Session on 15 May 2012, under 
the provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 17 Oct 2011, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 30 Mar 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 6 Apr 2012. 

 

 

 

 

 

 Panel Chair