AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-00974 
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 was not informed that he could apply for transfer of his Post 
9/11 GI Bill benefits to his dependants prior to his retirement 
from Active Duty.  Therefore he did not apply for the transfer 
of  his  Post  9/11  GI  Bill  benefits  to  his  eligible  dependants.  
The  Department  of  Veterans  Affairs  (DVA)  website  directs 
Veterans  who  believe  they  were  not  properly  notified  of  the 
transfer requirement to apply for Correction of Military Records 
to allow transfer of these benefits.  
 
He  was  on  terminal  leave  (Jun  through  Sep  2009)  when  the  Post 
9/11 GI Bill requirements were being published and disseminated.  
He was not notified of the eligibility requirements while he was 
on terminal leave and was not notified by anyone in his previous 
unit  who  could  have  advised  him  about  the  newly  published 
requirements.    His  only  communication  with  the  DVA  was  related 
to his service connected disability. 
 
In support of his request, the applicant provides a copy of his 
DD  Form  214,  Certificate  of  Release  or  Discharge  from  Active 
Duty. 
 
The  applicant’s  complete  submission,  with  attachment,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant retired in the grade of master sergeant (MSgt, E-
7) effective 1 Oct 2009. 
 
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 
of  additional  service  after  approval  of  transfer 
required.  

 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
HQ AFPC/DPSIT recommends denial.  DPSIT states the applicant did 
not  provide  adequate  justification/documentation.    He  received 
pre-separation counseling on 3 Apr 2008 prior to his retirement.  
 
The  Air  Force  issued  AFI  36-2306,  Voluntary  Education  Program, 
on  23  Jul  2009,  which  was  subsequently  replaced  with  AFI  36-
2306,  Attachment  9.  Paragraph  A9.4.3.15.4,  requires  pre-
separation  counseling,  documented  on  a  DD  Form  2648;  however, 
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 

 

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provide  them  with  additional  counseling  on  the  Post-9/11  GI 
Bill. 
 
If the Board finds there was an injustice to the extent that the 
member  did  not  receive  adequate  pre-separation  counseling,  as 
required  by  law  and  DoD  regulation,  and  was  not  personally 
notified  about  the  need  to  transfer  while  serving  in  the  Armed 
Forces, the Board may approve the member's request. 
 
The complete DPSIT evaluation, with attachment, is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
On 1 May 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, no response has been received by this office (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  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, in the interest of justice, we find the 
evidence sufficient to grant the requested relief and recommend 
his 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 30 Sep 
2009  he  elected  to  transfer  his  Post  9/11  GI  Bill  Educational 
Benefits. 
 
________________________________________________________________ 
 

 

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The following members of the Board considered Docket Number BC-
2012-00974  in  Executive  Session  on  13  Sep  2012,  under  the 
provisions of AFI 36-2603: 
 

  Panel Chair 
  Member 
  Member 

 
All  members  voted  to  correct  the  records,  as  recommended.    The 
following documentary evidence was considered in AFBCMR BC-2012-
00974: 
 
    Exhibit A.  DD Form 149, dated 15 Mar 2012. w/atch. 
    Exhibit B.  Letter, AFPC/DPSIT, dated 17 Apr 2012, w/atch. 
    Exhibit C.  Letter, SAF/MRBR, dated 1 May 2012. 
 
 
 
 
                                     
                                   Panel Chair 
 

 

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