AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-00707 
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 
dependent. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He retired from the Air National Guard (ANG) on 24 Aug 2009. 
 
At  the  end  of  Aug  2009,  he  heard  from  a  friend  that  the  Air 
Force  announced  the  transferability  option  under  the  Post  9/11 
GI Bill which allows Service members to transfer unused benefits 
to their spouses or dependent children.  This was the first time 
he heard about the benefit. 
 
He was on active duty from 8 Dec 2001 to 20 Nov 2002, and again 
from 3 Mar 2003 to 1 Mar 2004 and qualified for the benefit. 
 
He would like to help his daughter who is attending college to 
become a Doctor of Veterinary Medicine. 
 
He  contacted  the  Department  of  Veterans  Affairs  (DVA)  who 
informed  him  he  qualified  for  Post  9/11  GI  Bill  benefits; 
however  his  ANG  base  had  to  initiate  the  paperwork.    When  he 
contacted the Retention Office Manager (ROM), he was told he was 
not eligible to transfer benefits since he was retired.  
 
He  asked  the  DVA  to  call  and  explain  the  regulations  to  his 
base.  The DVA representative advised him that there was a great 
deal of confusion, since this was a new benefit.  However, they 
could not contact all bases to explain the benefit. 
 
On 1 Sep 2011, President Obama announced that the DVA would make 
education  benefits  retroactive  to  1  Aug  2009.    He  once  again 
contacted  the  RMO  and  was  instructed  on  how  to  complete  the 
required paperwork. 
 
On 7 Nov 2011 the DVA sent a letter that restored his education 
benefits.  When he attempted to transfer the Post 9/11 GI Bill 
to his daughter he was sent a DVA letter disapproving the claim. 
 

 

 

In  support  of  his  request  the  applicant  provides  copies  of  a 
personal statement, a DVA Certificate of Eligibility letter, and 
DVA Disapproval letter. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On  24  Aug  2009,  the  applicant  retired  from  the  Air  National 
Guard (ANG) in the grade of master sergeant (MSgt, E-7). 
 
Post 9/11 GI Bill:  Any member of the Armed Forces (active duty 
or  Selected  Reserve,  officer  or  enlisted)  on  or  after  1  Aug 
2009, who is eligible for the Post 9/11 GI Bill, and:  
 

  Has  at  least  six  years  of  service  in  the  Armed  Forces  on 
the  date  of  election  and  agrees  to  serve  four  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  four  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 
1 Aug  2009,  through  1  Aug  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 1 Aug 

2009, no additional service is required. 

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

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

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

  For  those  individuals  eligible  for  retirement  on  or 
after  1  Aug  2011,  and  before  1  Aug  2012,  three  years 

2 

of  additional  service  after  approval  of  transfer 
required.  

 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
NGB/AlYR  recommends  approval.    A1YR  states  they  contacted  the 
ROM  at  the  applicant’s  former  Wing  to  obtain  additional 
information.  The ROM stated he out processed one month prior to 
his retirement date of 24 Aug 2009, and did not receive a Post-
9/11  GI  Bill  briefing  from  their  office.    Wing  personnel  were 
briefed  on  the  Post  9/11  GI  Bill  the  first  week  in  Oct  2009, 
which was nearly two months after he retired. 
 
The complete A1YR evaluation is at Exhibit C. 
 
NGB/A1PS  concurs  with  A1YR  and  recommends  approval  of  the 
applicant’s  request  to  change  his  eligibility  to  transfer  his 
Post 9/11 GI Bill benefits to his dependent. 
 
The complete A1PS evaluation is at Exhibit D. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
On  18  May  2012,  copies  of  the  Air  Force  evaluations  were 
forwarded  to  the  applicant  for  review  and  comment  within 
30 days.  To date, a response has not been received (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  an  error  or  injustice.    After  a 
thorough review of the facts and circumstances of this case, we 
believe  the  applicant  has  suffered  an  injustice.      In  this 
respect,  we  note  that  the  Retention  Office  Manager  states  the 
applicant  out-processed  his  unit  one  month  prior  to  his 
retirement  in  Aug  09  and  Post  9/11  briefings  were  not  provided 
by his wing until Oct 09.  Therefore, 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  dependent.      In  view  of  the  above  and  in  the  interest  of 
justice, we find the evidence presented sufficient to grant the 
requested  relief.    Accordingly,  we  recommend  his  records  be 
corrected as indicated below. 

 

3 

 
________________________________________________________________ 
 
THE BOARD RECOMMENDS THAT: 
 
The  pertinent  military  records  of  the  Department  of  the  Air 
Force relating to APPLICANT be corrected to show that on 23 Aug 
2009  he  elected  to  transfer  his  Post  9/11  GI  Bill  Educational 
Benefits. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2012-00707 in Executive Session on 13 Sep 2012, under 
the provisions of AFI 36-2603: 
 

 
All  members  voted  to  correct  the  records,  as  recommended.    The 
following documentary evidence was: 
 
     Exhibit A.  DD Form 149, dated 5 Feb 2012, w/atchs. 
     Exhibit B.  Applicant’s Master Personnel Records. 
     Exhibit C.  Letter, NGB/A1YR, dated 1 May 2012. 
     Exhibit D.  Letter, NGB/A1PS, dated 9 May 2012. 
     Exhibit E.  Letter, SAF/MRBR, dated 18 May 2012.  
 
 
 
 
                                     
                                   Panel Chair 
 
 

 
 
 

 Panel Chair 
 Member 
 Member 

 

4