RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02355 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He received the Department of Veterans Affairs (DVA) Certificate 
of Eligibility to receive the Post 9/11 GI Bill benefit on 24 Mar 
11. Soon thereafter, he followed the instructions to request 
approval to transfer his benefits to his daughter. 

 

He initially requested to transfer one month of benefits, to 
ensure the benefit would be requested and approved. On the 
website, it gave an option for both his wife and daughter and to 
move a certain number of hours, and he annotated one month for 
his daughter. 

 

On 25 May 12, he logged on the DVA website to see if he moved the 
correct amount of months so his daughter could start at the 
University of Maryland-Baltimore College (UMBC) in the Fall of 
2012, and the DVA’s website (eBenefits) said he did not have any 
benefits. 

 

On 29 May 12, he contacted the DVA, and they transferred him to 
the Air Force Personnel Center (AFPC), they stated that his issue 
was with the Department of Defense (DoD). The person at AFPC 
told him to complete a DD Form 149, Application for Correction of 
Military Record, in order to amend his education records. 

 

In Dec 10, one-year out from retirement, his only intention was 
to transfer his benefits to his daughter. He received approval 
to switch to the Post 9/11 GI Bill and moved one month over to 
his daughter to solidify the transfer process. He was unable to 
find any historical evidence, and cannot determine whether 
someone provided him the wrong information or if the website did 
not work properly. 

 

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; and Certificate of Eligibility for Post-9/11 GI Bill 
benefits from the Department of Veterans Affairs (DVA). 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 


 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired in the grade of senior master sergeant 
effective 1 Dec 11 after serving 25 years and 14 days of active 
duty service. 

 

Additional relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained in 
the letter prepared by the appropriate office of the Air Force at 
Exhibit B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT states the member did not 
provide adequate justification or documentation. On 28 Jan 11, 
the applicant received pre-separation counseling, to include 
education benefits. There is no record of the member applying 
for the benefit in the Transfer of Education Benefits (TEB) 
system or any Right Now Technology (RNT) records. 

 

DPSIT states, in part, service members enrolled in 38 U.S.C., 
Chapter 33 (Post-9/11 Educational Assistance), are able to 
transfer unused educational benefits to their dependent spouses 
or children. Any member of the Armed Forces, Active Duty or 
Selected Reserve, officer or enlisted, on or after 1 Aug 09, who 
is eligible for the Post 9/11 GI Bill, has at least 6 years of 
service in the Armed Forces on the date of election, and agrees 
to serve a specified additional period in the Armed Forces from 
the date of election (if applicable), may transfer unused Post-
9/11 benefits to their dependents pursuant to Service 
regulations. The transfer must be initiated while the member is 
serving in the Armed Forces, which is defined as limited to those 
on active duty or in the Selected Reserve. 

 

The Air Force issued AFI 36-2306, Voluntary Education Program, on 
23 Jul 09, 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, Pre-Separation Counseling 
Checklist. 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. 

 

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, then the Board may approve the member’s request. 

 

The complete DPSIT evaluation, with attachment, is at Exhibit B. 


 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

His intention is to provide details of his processing the TEB to 
show; that he did everything in accordance with (IAW) 
requirements to transfer the eligibility; that something in the 
process did not function correctly; and that he is eligible for 
this benefit. 

 

On 28 Jan 11, he received his initial retirement counseling at 
Andrews AFB (AAFB). 

 

In early Feb 11, he contacted the Post 9/11 GI Bill point of 
contact at the AAFB Education Center. He worked with a guidance 
counselor and received the information needed to submit the 
paperwork to transfer his MGIB benefits to the Post-9/11 GI Bill. 
He filled out the necessary form, which he does not have a copy 
of, and submitted it through the Fort Meade Education Center. 

 

On 24 Mar 11, he received notification from the DVA that his 
request to switch from the MGIB to Post 9/11 GI Bill was 
approved. 

 

In late Mar early Apr 11, he visited the Fort Meade Education 
Center again to see what he needed to do next. He did not 
receive adequate information and did some research and found an 
old email from Randolph AFB from back in 2009 that had a link to 
the TEB website. He logged on to the website and saw both his 
daughter and wife listed, with blocks to annotate the number of 
months for each dependent. Throughout the entire process he knew 
he had to at least transfer one month to establish the 
eligibility. He vividly remembers finishing this step and 
submitting this on the TEB website because at the time he was 
going through a difficult time with his daughter’s behavior and 
did not want her to automatically receive all 36 months of 
benefits if she continued down the same path she was heading. 

 

On 25 May 12, his daughter was accepted to UMBC and he wanted to 
begin the paperwork so that she could start in the Fall of 2012; 
however, upon visiting the website to transfer the hours, the 
website reflected that he did not have any beneficiaries to 
transfer credits to. 

 

On 29 May 12, he inquired about the TEB and was advised he did 
not do the transfer under the TEB while on active duty, and 
therefore, was not eligible to transfer his Post-9/11 GI Bill 
benefits. 

 

He completed all the requirements while on active duty, and did 
what was required of him to gain this benefit. 

 

The applicant's complete rebuttal response, with attachments, is 
at 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission to include his rebuttal 
statement, 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 that the applicant has not been the victim of an 
error or injustice. The applicant’s contentions are duly noted; 
however, we do not find these assertions, in and by themselves, 
sufficiently persuasive to override the rationale provided by the 
Air Force office of primary responsibility (OPR). While the 
applicant indicates he was not given adequate information to make 
his transferability election prior to retirement, it appears the 
Air Force made every reasonable effort to ensure the information 
was available to the member prior to his retirement. Therefore, 
in the absence of evidence to the contrary, we find no basis to 
recommend favorable consideration of his request. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 Docket Number 
BC-2012-02355 in Executive Session on 8 Jan 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to Docket Number 
BC-2012-02355 was considered: 

 


 Exhibit A. DD Form 149, dated 29 May 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIT, dated 19 Jun 12, w/atch. 

 Exhibit C. Letter, SAF/MRBR, dated 26 Jul 12. 

 Exhibit D. Letter, Applicant, dated 31 Jul 12, w/atchs. 

 

 

 

 

 Panel Chair