AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-00338 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
IN THE MATTER OF: 
 
       
 
       
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He be allowed to apply to transfer his Post 9/11 GI Bill benefits 
to his dependents with an effective date of January 2010 to avoid 
incurring an additional active duty service commitment (ADSC). 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  submitted  a  request  to  transfer  education  benefits  (TEB)  to 
his wife; and was informed through the Total Force Service Center 
(TFSC) representative that his request was incomplete due to his 
failure to complete the Statement of Understanding (SOU), which 
he was not aware he needed to sign to complete the TEB process.  
Had he completed the SOU and been able to effect the transfer, 
his  projected  ADSC  would  have  been  16  Jan  14,  six  months  from 
being eligible to retire. 
 
In support of his request, the applicant provides an extract of 
the TEB Discussion Thread and a TEB Ineligibility Notification. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant is currently serving on active duty in the rank of 
Technical Sergeant (TSgt) (E-6). 
 
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 C. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIT recommends denial noting there has been no injustice 
to  the  extent  that  the  service  member  did  not  receive  adequate 
counseling as required by law and DoD regulation.  Based on the 

information reported in the TEB and counseling notes in Right Now 
Technology  (RNT)  by  TFSC  personnel,  the  applicant  was  provided 
with instructions and requirements he needed to accomplish prior 
to his TEB application being approved, specifically he needed to 
sign  a  SOU  agreeing  to  the  obligated  service  required  to 
participate in the TEB.  The applicant’s original TEB application 
on 19 Jan 10 expired on 19 Feb 10 due to non-compliance with the 
requirements to participate in the transfer of benefits.  Per Air 
Force  Instruction  (AFI)  36-2306,  Attachment  9,  A9.18.1.2,  the 
individual must agree to serve four additional years in the Air 
Force from the date of request.  The applicant did not agree to 
serve  the  required  obligated  service  with  his  original 
application on 19 Jan 10.   
 
Under  Title  38  United  States  Code  (USC),  Chapter  33,  service 
members  are  allowed  to  transfer  unused  educational  benefits  to 
their  dependent  spouses  and  children.    Any  member  of  the  Armed 
Forces, active duty or Selected Reserves, officer, or enlisted, 
on or after 1 Aug 09, 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 of 
in  the  Armed  Forces  from  the  date  of  election,  may  transfer 
unused Post-9/11 benefits to their dependents.  The Air Force, in 
implementing  its  guidance,  developed  a  communication  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  communication 
tools, and external 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 service members on active duty or in the selected 
reserve  could  transfer  benefits.    Notably,  since  1  Aug  09,  the 
Air Force approved over 30,000 transferability applications. 
 
The  Department  of  Veterans  Affairs  (DVA),  the  DoD  and  the 
Military Services widely publicized the Post-9/11 GI Bill and the 
transferability feature.  DoD developed a special website, hosted 
by  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  Directive  Type  Memo  (DTM)  and  Air 
Force  Instruction  state  the  transfer  must  be  made  while  the 
member  is  serving  in  the  Armed  Forces.    Both  documents  were 
published  on  government-hosted  websites  prior  to  1  Aug  09,  the 
effective date of the Post-9/11 GI Bill.  
 
The complete AFPC/DPSIT evaluation is at Exhibit B. 
 
_________________________________________________________________ 
 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A copy of the Air Force evaluation was forwarded to the applicant 
on 8 Mar 12 for review and comment within 30 days.  As of this 
date, no response has been received by this office (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.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  an  error  or  injustice.    We  took 
notice  of  the  applicant's  complete  submission  in  judging  the 
merits  of  the  case;  however,  we  did  not  find  his  assertions 
sufficiently persuasive to override the rationale provided by 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  the  evidence  presented  did  not 
demonstrate  the  existence  of  an  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-2012-00338 in Executive Session on 13 September 2012, 
under the provisions of AFI 36-2603: 
 
 
 
 
 

   Panel Chair 
   Member 
   Member 

 
 
 

 

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The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-00338 was considered: 
 
   Exhibit A.  DD Form 149, dated 26 Jan 12, w/atchs. 
   Exhibit B.  Letter, AFPC/DPSIT, dated 17 Feb 12. 
   Exhibit C.  Letter, SAF/MRBR, dated 8 Mar 12. 
 
 
 
 
   
   
 

    
  Panel Chair 

 

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