RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 
DOCKET NUMBER:  BC-2012-01799 
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: 
 
On  8  Sep  1986,  when  he  entered  the  Air  Force,  he  signed  up  for 
the GI bill. 
 
He  recently  accessed  milConnect  to  transfer  his  benefits  and 
found that he was not in the system. 
 
He  was  not  aware  that  he  had  to  transfer  benefits  to  his 
dependents prior to his retirement. 
 
He is currently employed with the Department of Veterans Affairs 
(DVA)  and  does  not  intend  to  use  his  education  benefits  and 
would like to transfer them to his dependents. 
 
In  support  of  his  request,  the  applicant  provides  a  copy  of  his 
DD  Form  2366,  Veterans'  Educational  Assistance  Act  of  1984  (GI 
Bill)(Chapter 30, Title 38, U.S. Code). 
 
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 Sep 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.  

 

 

  

 

  

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  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 9 Feb 2009 for educational benefits 
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  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  provide 
them with additional counseling on the Post 9/11 GI Bill. 
 

 

  
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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  4  Jun  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 
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  Aug 
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-
2012-01799  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-
01799: 
 
    Exhibit A.  DD Form 149, dated 2 Apr 2012, w/atch. 
    Exhibit B.  Applicant’s Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSIT, dated 22 May 2012, w/atch. 
    Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 2012. 
 
 
 
 

                                   Panel Chair 

 

 

 

  
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