DOCKET NUMBER:  BC-2012-00141 
COUNSEL:  NONE 
HEARING DESIRED: YES 

                       RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF: 
 
   
 
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He  be  allowed  the  opportunity  to  transfer  his  Post-911  GI  Bill 
benefits. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
Due to terminal leave, he left the Air Force effective 24 Jun 09 
and began civilian employment on 6 Jul 09.  He learned on 21 Dec 
11 from another retiree that a transfer request for Post 9/11 GI 
benefits had to be submitted prior to his retirement. 
 
He called the Department of Veterans Affairs (DVA), and was told 
the capability to apply prior to 1 Aug 09 didn’t even exist when 
he  retired.    Neither  did  he  receive  any  notification  when  the 
capability became available to use for transfer of benefits.   
 
Further,  the  letter  he  received  from  the  DVA  acknowledging  his 
Post 9/11 application, dated 25 Jun 09, mentioned nothing about a 
transfer being required. 
 
In  support  of  his  appeal,  the  applicant  provides  copies  of  his 
retirement  orders,  his  DD  Form  214,  Certificate  of  Discharge  or 
Release  from  Active  Duty, other retirement documents, and a copy 
of the noted DVA letter. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant began his military service on 15 Aug 89.  He served 
for  20  years  and  16  days  before  being  honorably  discharged  on 
31 Aug 09 and retired for length of service, effective 1 Sep 09. 
 
Post-9/11 GI Bill:  Any member of the Armed Forces (active duty 
or Selected Reserve, officer or enlisted) on or after August 1, 
2009, who is eligible for the Post-9/11 GI Bill, and:  

 
  Has at least 6 years of service in the Armed Forces on the 
date  of  election  and  agrees  to  serve  4  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 4 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 
August 1, 2009, through August 1, 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 

 
August 1, 2009, no additional service is required.  
 
  For  those  individuals  who  have  an  approved  retirement 
date after August 1, 2009, and before July 1, 2010, no 
additional service is required.  

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

  For  those  individuals  eligible  for  retirement  on  or 
after August 1, 2010, and before August 1, 2011, 2 years 
of  additional  service  after  approval  of  transfer  are 
required.  

 

 

 

 

  For  those  individuals  eligible  for  retirement  on  or 
after August 1, 2011, and before August 1, 2012, 3 years 
of  additional  service  after  approval  of  transfer 
required.  

 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIT recommends denial noting that while 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  applicant  has  not 

 

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had 

been 

programs 

provided  adequate  justification/documentation  showing  he  was 
wrongly denied proper counseling. 
 
Further,  DPSIT  notes  the  applicant  did  receive  pre-separation 
counseling  on  9  Oct  08  for  educational  benefits  prior  to  his 
terminal leave in Jun 09.   
 
DPSIT’s complete evaluation is at Exhibit C. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
The  Air  Force  advisory  opinion’s  basis  for  recommending  the 
applicant’s request be denied are that the applicant received pre-
separation  counseling  and  the  DVA  had  provided  a  link  on  their 
website that, had the applicant followed, he would have been led 
to  the  Official  DoD  TEB  website.    The  applicant  argues  that  his 
pre-separation counseling was conducted 9 Oct 08, well before the 
transfer-to-dependent 
established.  
Additionally,  the  link  on  DVA  website  that  was  supposed  to  have 
guided  him  to  another  site  actually  did  not  contain  the  link 
during  the  time  he  was  separating.    Further,  the  Air  Force’s 
claims the transferability feature was widely publicized and the 
website DoD developed a to facilitate the transfer of educational 
benefits  was  operation  on  27  Jun  09,  does  not  take  into 
consideration the fact that after 2 Jun 09, he simply did not have 
access  to  any  internal  military  communications  as  he  was  on 
terminal leave.  Nor was he notified by DoD, DVA, or the Air Force 
of any time constraints associated with the transfer of benefits. 
 
The applicant’s complete response is at Exhibit C. 
 
_________________________________________________________________ 
 
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 

 

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  Panel Chair 
  Member 
  Member 

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 the APPLICANT be corrected to show that he elected to 
transfer his Post-9/11 educational benefits to his dependent.  
 
______________________________________________________________ 
 
The following members of the Board considered AFBCMR Docket Number 
BC-2012-00141  in  Executive  Session  on  13  Sep  12,  under  the 
provisions of AFI 36-2603: 
 
 
 
 
 
All  members  voted  to  correct  the  records,  as  recommended.    The 
following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 6 Jan 12, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSIT, dated 3 Feb 12. 
    Exhibit D.  Letter, SAF/MRBR, dated 1 Mar 12. 
    Exhibit E.  Letter, Applicant, dated 25 Mar 12, w/atchs. 
 
 
 
 
  
                                   Panel Chair 
 
 
 

 

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