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AF | BCMR | CY2012 | BC-2012-01985
Original file (BC-2012-01985.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01985 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to transfer his Post-9/11 GI Bill educational 
benefits to his dependents. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was not counseled on the requirements to transfer at least one 
month of education benefits to each dependent prior to his 
retirement. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former Regular Air Force member who retired on 
1 Apr 12. 

 

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 indicating there is no evidence of 
an error or injustice. The applicant was provided adequate 
information and failed to follow through with the requirement to 
transfer benefits while on active duty. The applicant attended a 
pre-separation briefing and indicated he did not want counseling 
on education benefits concerning the GI Bill. Furthermore, the 
applicant also signed up for the Transfer of Education Benefits 
(TEB) on the MilConnect website, which very clearly indicates 
that only those currently serving on active duty or in selected 
reserve may transfer their educational benefits to their 
dependents. The applicant had plenty of time from his pre-
separation briefing and his retirement to designate the number 
of months for each of his dependents and effect the transfer. 


His failure to act in a timely manner is not a basis for 
approval on the part of the Air Force. The law governing these 
benefits specifically states that an individual approved to 
transfer entitlement to educational assistance under this section 
may transfer such entitlement only while serving as a member of 
the armed forces when the transfer is executed. 

 

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 Aug 09 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 30,000 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 Jun 09 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 Aug 09, the 
effective date of the Post-9/11 GI Bill. 

 

The complete AFPC/DPSIT evaluation, with attachments, is at 
Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He did attend the required pre-separations briefing and indicated 
he did not want counseling on VA Benefits. However, he believes 
this should not be optional for separating members who have 
enrolled in the Post-9/11 benefit to deny counseling. 
Furthermore, this line item does not state that he understood the 
requirement to transfer the benefit prior to separation. He has 
been in leadership positions and has on a number of occasions the 
need to have subordinates actually sign and date documentation 
that specifically address a particular policy or instruction. 
Without such documentation he would not have been able to legally 
prove their concurrence or acknowledgment. He also has had to 
sign such documents, proving that he read and understood the 
terms and conditions contained therein. On the DD Form 2648 he 
denied counseling and should not have knowing what he knows now, 


this counseling specifically addresses the requirement to 
transfer benefit. He recommends that counseling on this matter 
be a requirement and not an option. 

 

In regards to the Transfer of Education Benefits (TEB) on the 
MilConnect website question, he admits that he didn't read every 
word; otherwise he would have taken the steps to transfer at 
least one month to each of his two sons. He recommends when 
service members transfer benefit, or request the transfer of 
benefit that there be a line item that they, initial to indicate 
they understand the limitations and responsibility to complete 
the transfer prior to separation. In addition, the members must 
be told that a request to transfer and subsequent approval to 
transfer is not complete until they log in and actually transfer 
at least one month to each dependent listed. He believes that 
many members think that an approval of transfer was enough to 
ensure the benefit was transferred. He argues that he was not 
told to transfer the benefit prior to his retirement. He 
believes there is some confusion about the request to transfer 
and the actual transfer. He also contends there is no signed 
documentation that specifically states he was aware of this 
requirement. He is asking for the Board to rectify this 
situation by approving his request to transfer one month of 
benefit to each of his dependents. If his Post-9/11 benefits are 
still available for him to use, he should be able to transfer it, 
regardless of his status as an active duty member or retiree. 

 

The applicant’s complete response is at 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. We took 
notice of the applicant's complete submission, including his 
response to the Air Force evaluation, in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the 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-2012-01985 in Executive Session on 11 Feb 13, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 9 May 12. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 21 May 12, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 18 Jun 12. 

 Exhibit E. Letter, Applicant, dated 18 Jul 12. 

 

 

 

 

 

 Panel Chair 

 



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