RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04551 

 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT 

 

He repeatedly inquired at the Nellis AFB, education office 
regarding transferring educational benefits to this spouse but 
was unsuccessful. He also tried to transfer benefits in Apr 2010 
and was informed that he was not eligible since he was no longer 
on active duty. Post 9/11 GI Bill guidelines/policies were not 
made public in a timely manner and hindered his ability to 
transfer his benefits to his spouse. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired from the Air Force in the grade of chief 
master sergeant on 1 Nov 2009. 

 

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: 

 

AFPC/DPSIT recommends denial. The Department of Defense (DoD) 
issued a regulation, Directive Type Memo (DTM) 09-003 (reissued 
10 Sep 10), that authorized the Military Departments to offer 
service members the option to transfer benefits. The Secretary 
of the Air Force determined the Air Force would offer the 
transfer of benefits feature. The transfer must be initiated 
while the applicant is serving in the Armed Forces, which is 


defined as limited to those individuals on active duty or in the 
Selected Reserves. 

 

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, 
and internal trade publications. There were various news 
articles about the Post-9/11 GI Bill; most noted the requirement 
to be on duty on the 1 Aug 09 effective date of the Post-9/11 GI 
Bill to be eligible to transfer benefits. Some articles 
mentioned that a service member on active duty or in the Selected 
Reserve could transfer benefits. 

 

The Department of Veterans Affairs (DVA), the Department of 
Defense (DoD), and the Military Services, widely publicized the 
Post-9/11 GI Bill and the transferability feature. DoD developed 
a special website, hosted by the Defense Manpower Data Center 
(DMDC), to facilitate the transfer of educational benefits. The 
website system was operational on 27 Jun 09, for the purpose of 
accepting transfer of benefits applications. The DTM, and Air 
Force Instruction, states the member must agree to serve an 
additional term of service, as specified, from the date of the 
request. Both documents were published on government-hosted 
websites prior to 1 Aug 09, the effective date of the Post-9/11 
GI Bill. 

 

The applicant received pre-separation counseling on 13 Aug 09. 
He declined counseling of education benefits. There is 
insufficient justification and documentation to support his 
request. 

 

The complete DPSIT evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Although the advisory opinion indicates that he declined 
counseling on education benefits during outprocessing and 
recommended his request be denied, the actual circumstances were 
much more complex. In Aug 2009, he was at a remotely located 
installation without an education office and personnel had to 
travel 75 minutes each way to reach education services at Nellis 
AFB for support. He declined general retirement counseling 
because he communicated directly with the education office the 
previous week specifically on education issues, and was unable to 
make the 75 minute drive to Nellis AFB due to pain from a recent 
surgery. The Air Force and sister services have publicly 
acknowledged the policy for use or transfer of education benefits 
under the Post-911 GI Bill was misunderstood at a number of 
military bases between Aug and Nov 2009 and each service has 


acted to restore benefits to affected personnel. He requests 
that his appeal be favorably considered. He is not asking for a 
benefit that he has not earned, merely the ability to be able to 
share his earned educational benefits with his spouse, who 
sacrificed alongside him during his 26 year career. 

 

The applicant’s complete response is at Exhibit E. 

 

_________________________________________________________________ 

 

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 miscounseled and not timely 
made aware of his eligibility and the steps necessary to transfer 
his benefits to his dependents. As such, we find the evidence 
submitted sufficient to give the applicant the benefit of doubt 
in this matter and does not find it reasonable that he would have 
knowingly elected not to pursue use of this important 
entitlement. Therefore, we 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 the APPLICANT be corrected to show that he elected to 
transfer his Post 9/11 GI Bill Educational Benefits on 31 Oct 09. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-02330 in Executive Session on 11 Sep 12, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

 

 

 

 

 


The following documentary evidence pertaining to AFBCMR BC-2011-
04551 was considered: 

 

 Exhibit A. DD Form 149, dated 14 Nov 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 6 Jan 12. 

 Exhibit D. Letter, SAF/MRBR, dated 13 Jan 12. 

 Exhibit E. Letter, Applicant, dated 4 Feb 12. 

 

 

 

 

 

 Panel Chair