RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04334 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to transfer all or part of his Post-9/11 GI Bill 
benefits to his dependents. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. He retired in late Sep 09, roughly two months after the Post-
9/11 GI Bill was introduced. The base education office put the 
word out to educate the base populace; however, what was “not” 
made explicitly clear was that he had to execute the transfer of 
Post-9/11 GI Bill education benefits while on active duty. 

 

2. He out-processed the education office upon retirement, but 
still was unaware he had to transfer his Post-9/11 benefits 
while on active duty. He did not ask the staff because he 
figured he could transfer his benefits when the time called for 
it, and they did not advise otherwise. 

 

3. He found out he could not transfer his Post-9/11 GI Bill 
benefits when he tried to sign his daughter up for community 
college. He was told by the education office he could not 
transfer his GI Bill benefits because he was retired. 

 

4. He felt outraged and betrayed because there was “no” exact 
explicit language within any briefing or conversation with 
education counselors that he recalls that stated or advised he 
had to transfer this benefit before he retired. 

 

5. He did not sign away his right to not let his family have 
this benefit, the Air Force did. Had he known that he needed to 
transfer the Post-9/11 GI Bill while on active duty, there would 
be no question that he would have done so. 

 

In support of his request, the applicant provides a copy of an 
article from the Air Force Times newspaper. 

 

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

 

________________________________________________________________ 

 

 


STATEMENT OF FACTS: 

 

On 1 Oct 09, the applicant retired in the grade of master 
sergeant after serving 20 years and 3 days on active duty. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit B. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIT recommends denial. DPSIT states if the Board 
finds there was an injustice to the extent the member did not 
receive adequate pre-separation counseling, as required by law 
and Department of Defense (DoD) regulation, and was not 
personally notified about the need to transfer while serving in 
the Armed Forces, then approval is in order. 

 

DPSIT states members may have had the impression that being on 
active duty or in the Selected Reserve (SELRES) on the effective 
date of the law, 1 Aug 09, was sufficient to “vest” them with 
the right to transfer benefits at sometime in the future. Had 
those members sought clarification from an educational 
counselor, read the DoD or Air Force guidance that was very 
clear on that point, or take other measures to make timely 
decisions before their separation or retirement, they could have 
initiated a timely transfer of benefits. 

 

DPSIT states there are several inconsistencies in the 
applicant’s remarks about “not” being briefed about the Post-
9/11 GI Bill. After a call to Seymour-Johnson Air Force Base, 
and talking to the Chief, Education and Training, Ms. S, who was 
in charge during this period. She stated that they gave 
multiple briefings in the base theater, commander’s call, at 
individual squadron requests they also have a video and provided 
briefings to deployed personnel. Education counselors were well 
versed in the process. With the use of Directive-Type 
Memorandum (DTM) 09-003: Post-9/11 GI Bill, dated 22 Jun 09, 
this guidance was provided to the field to brief personnel. 

 

The applicant states “though the base education office put out 
the word to educate the base populace, what was “not” made 
explicitly clear was that I had to execute the transfer of the 
Post-9/11 GI Bill education benefit to my spouse and/or children 
while I was still on active duty.” If the applicant was 
“unclear” about how to transfer benefits he should have 
contacted the education office to get clarity. 

 

The applicant states “I out-processed the education office upon 
retirement, but still did not know that I had to transfer my 
Post-9/11 GI Bill while still on active duty.” Again, a second 


time that the applicant could have received the information and 
failed to ask. 

 

The applicant states “I did not ask the staff because I figured 
I could do it when the time was called for, and they did not 
advise me otherwise.” A third time the applicant failed to ask 
an “important” question for such an “important benefit.” 

 

When the applicant decided that he indeed wanted the benefit it 
was too late. Because he states, “there was no exact-no 
explicit language within any briefing or conversation with 
education counselors that I recall, that stated or advised that 
I had to transfer this benefit before I retire.” 

 

The fact that the applicant on his DD Form 2648, Pre-Separation 
Counseling Checklist checked “NO” in section IV, to every block 
on the checklist stating that he did not want counseling for the 
following services and benefits. “These services and benefits 
are available to all service members, unless otherwise 
specified.” One of those items (#13) Education/Training, (a) 
Education benefits (Montgomery GI Bill, Veterans Educational 
Assistance Program, Vietnam-era, etc) was checked “NO.” The 
date the checklist was done was 23 Jul 09. There were ample 
“opportunities” for the applicant to “ask” about the benefit but 
he chose/failed to gain instructions of how to transfer 
benefits. 

 

The applicant states “I did not sign away my right to not let my 
family have this benefit, the Air Force did.” The applicant did 
“sign away” his right to transfer benefits to his dependents, by 
failing to take action when given several opportunities to do 
so. A failure to not act by the applicant is not a reason for 
the Air Force to grant the transfer of benefits. 

 

The complete DPSIT evaluation is at Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 16 Dec 11 for review and comment within 30 days 
(Exhibit C). As of this date, this office has not received a 
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 we note 
the steps the Air Force office of primary responsibility 
indicates were taken to inform eligible personnel of this new 
benefit, it appears the applicant was not aware of the steps 
necessary to transfer his benefits to his dependents. We also 
do not find it reasonable that he would have knowingly elected 
not to pursue use of this important entitlement. Therefore, we 
find the applicant’s account of events sufficient to establish 
doubt that he was properly counseled on the requirements 
necessary to transfer his benefits. As such, we elect to 
resolve such 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 
September 2009, he elected to transfer his Post 9/11 GI Bill 
Educational Benefits. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR BC-2011-
04334 in Executive Session on 4 Jul 12, under the provisions of 
AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

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

 

 Exhibit A. DD Form 149, dated 17 Oct 11, w/atch. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. Letter, AFPC/DPSIT, Letter, dated 9 Dec 11. 

 Exhibit D. Letter, SAF/MRBR, dated 16 Dec 11. 

 

 

 

 

 Panel Chair