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AF | BCMR | CY2012 | BC-2012-00706
Original file (BC-2012-00706.pdf) Auto-classification: Approved
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-00706 
COUNSEL:  NONE 
HEARING DESIRED: NO 

IN THE MATTER OF: 
   
   
 
    
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He be allowed to transfer his Post-9/11 GI Bill benefits to his 
dependents. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He retired from Fairchild AFB on 1 Nov 09; however, during his 
transition  there  was  no  information  available  to  let  him  know 
that  he  had  to  be  on  active  duty  when  he  made  his  Transfer  of 
Benefits  (TEB)  election.    The  emphasis  placed  on  the  program 
during his Transition Assistance Program (TAP) briefings was 10-
15  years,  Basic  Allowance  for  Housing  (BAH)  benefits,  and  the 
TEB; however, the Veterans Affairs (VA) representative noted that 
not everything had been funded for this Bill. 
 
In support of his request, the applicant provides a copy of his 
out-processing  checklist  and  copies  of  his  AF  IMT  988,  Leave 
Request/Authorization. 
 
His complete submission, with attachments, is at Exhibit A.  
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant retired from the Regular Air Force in the grade of 
master sergeant (E-7) on 1 Nov 09. 
 
The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is at Exhibit B. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIT  recommends  denial.    Post  9/11  GI  Bill,  Chapter  33, 
became  effective  1  Aug  09  based  on  Post  9/11  Veteran  Education 
Act of 2008.  The Public Law states in part, that “an individual 
may transfer such entitlement only while serving as a member of 

the Armed Forces when the transfer is executed.”  Articles were 
published  that  explained  the  program  benefits  and  requirements.  
This  communication  plan  was  carefully  implemented  because  there 
is no provision in the law or DoD policy for a waiver if a member 
retires  without  transferring  the  benefits.    The  opportunity  to 
transfer  is  not  an  entitlement  and  is  in  fact  intended  as  a 
retention tool in exchange for additional service.  Every effort 
was  made,  even  before  the  program  became  available,  to  convey 
information to eligible members.   
 
In  this  case,  the  applicant  did  not  provide  adequate 
justification or documentation to show that an error or injustice 
occurred.  The applicant did receive pre-separation counseling on 
16 Apr 09; however, he indicated on the pre-separation from that 
he did not want counseling for educational benefits prior to his 
retirement.  He had every opportunity to ask questions as to how 
to transfer his TEB to his dependents, but failed to do so.   
 
The  AFPC/DPSIT  complete  evaluation,  with  attachment,  is  at 
Exhibit B. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
The  applicant  waived  his  education  benefits  briefing  for  the 
Montgomery GI Bill, not the pending program, since the details of 
the benefits for the new program were changing on a daily basis.  
He was very familiar with the Montgomery GI Bill.  Counseling was 
not provided for any portion of the Post-9/11 GI Bill due to the 
lack of information or facts regarding the program.  Further, the 
briefer  would  not  discuss  the  speculated  benefits  of  the  new 
program  because  he  did  not  want  to  be  held  liable  for 
misinformation.    The  Veteran  Affairs  (VA)  representative  could 
not provide specifics because the details of the program had not 
been worked out.  The VA discussed the TEB; however, they did not 
mention  that  the  benefits  transfer  had  to  happen  prior  to  his 
effective date of separation.   
 
The applicant’s complete submission is at 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. Sufficient relevant evidence has been presented to demonstrate 
the existence of error or injustice.  While we note the steps the 

 

2 

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  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  31  October 
2009,  he  elected  to  transfer  his  Post  9/11  GI  Bill  Educational 
Benefits: 
 
 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2012-00706 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 30 Jan 12, w/atchs. 
    Exhibit B.  Letter, AFPC/DPSIT, dated 13 Mar 12. 
    Exhibit C.  Letter, SAF/MRBR, dated 27 Mar 12. 
    Exhibit D.  Letter, Applicant, undated. 
 
 
 
 
                                    
                                   Panel Chair 
 
 

   
   
   

 
 
 

Panel Chair 
Member 
Member 

 
 
 

 
 
 

 

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