AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-00786 
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 June 2009 to avoid 
incurring  an  additional  active  duty  service  commitment  (ADSC) 
beyond 24 June 2013. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
In 2009, he registered for Post 9/11 GI Bill education benefits 
with  the  Department  of  Veterans  Affairs  (DVA)  and  was  led  to 
believe  that  his  Defense  Enrollment  Eligibility  System  (DEERS) 
dependents  would  be  automatically  eligible  to  receive  the 
education  benefits.      He  discovered  in  November  2011  that  his 
dependents were not enrolled and in order to transfer education 
benefits to his dependents he would incur a four year ADSC with 
an effective date as of the time of enrollment.  
 
In  support  of  his  request,  the  applicant  provides  copies  of  an 
extract of the TEB Discussion Thread and his DVA Certificate of 
Eligibility. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant is currently serving on active duty in the grade of 
Lieutenant Colonel (Lt Col) (O-5). 
 
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 the applicant did not provide 
adequate  justification  or  documentation  showing  an  error  or 
injustice occurred.  If the applicant had accessed the Department 
of  Veterans  Affairs  (DVA)  website  on  how  to  switch  from  the 
Montgomery  GI  Bill  to  Post  9/11,  he  would  have  been  able  to 
select  the  option  to  transfer  benefits  to  dependents  via  the 
Official  DoD  TEB  website  link  which  would  have  led  him  to  the 
website link to Transfer of Education Benefits.  TFSC RNT records 
reflect the applicant did not inquire about the status of his TEB 
until  3 November 2011,  two  years  after  his  initial  application 
date.   
 
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 August 2009, 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 duty 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 August 2009 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 August 2009, 
the Air Force approved over 50,000 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 June 2009 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 August 2009, 
the effective date of the Post-9/11 GI Bill.  
 
The  complete  AFPC/DPSIT  evaluation,  with  attachments,  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 1 May 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-2012-00786 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-2012-00786 was considered: 
 
   Exhibit A.  DD Form 149, dated 29 Nov 11, w/atchs. 
   Exhibit B.  Applicant’s Master Military Records. 
   Exhibit C.  Letter, AFPC/DPSIT, dated 22 Mar 12. 
   Exhibit D.  Letter, SAF/MRBR, dated 1 May 12. 
 
 
 
 
   
   
 

   
  Panel Chair 

 

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