RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03358 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

When the Post-9/11 GI Bill came out, he was briefed that he 
would owe so many years to be eligible for the transfer benefit. 
He was never briefed that he had to transfer the benefits to his 
dependents prior to retirement. Upon his approval for 
retirement, he elected to transfer 12 months to his son. He was 
then told that he was ineligible due to a three-year service 
commitment. He thought he was covered since he signed up for 
the transfer and served his three years. He did not read that 
he had to make the transfer while on active duty and then the 
time frame would start when he transferred the benefit. 

 

He believes there has been a lack of communication while serving 
in a joint environment and thus an injustice. Had he learned 
then what he knows now, he would have transferred the benefits 
when he signed up for them. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired from the Air Force on 1 August 2012. The 
remaining relevant facts are contained in the letter prepared by 
the Air Force office of responsibility, which is listed at 
Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. For the first time in history, 
service members enrolled in 38 U.S.C, Chapter 33 (Post-9/11 
Educational Assistance) were able to transfer their benefits to 


their dependent spouse or children. Any member of the Armed 
Forces, active duty, or Selected Reserve, officer or enlisted, 
on or after 1 August 2009, who is eligible for the Post-9/11 GI 
Bill, had at least 6 years of service on the date of election 
may transfer unused Post-9/11 benefits to their dependents. The 
Department of Defense issued a regulation that authorized the 
Military Departments to offer service members the option to 
transfer benefits. The Secretary of the Air Force determined 
the Air Force would offer the transfer of benefits feature. The 
transfer must be initiated while the member is serving in the 
Armed Forces, which is defined as limited to those serving on 
active duty or in the Selected Reserves. 

 

Service Secretaries were required, as of 22 June 2009 (reissued 
10 September 2010), to provide and document individual pre-
separation or release from active duty counseling on the Post-
9/11 GI Bill benefits. The Air Force issued guidance requiring 
pre-separation counseling be documented on the 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. 

 

The applicant did not provide adequate justification or 
documentation. He declined to receive pre-separation education 
benefits counseling on 22 February 2012. He did not apply for 
transfer of benefits until 12 July 2012 and failed to sign a 
statement of understanding because he had an approved retirement 
date of 1 August 2012. The member could not have served the 
required 4 year active duty service commitment for the transfer 
of benefits in accordance with Air Force guidelines. 

 

The complete DPSIT, with attachments, is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He applied to update his GI Bill to the Post-9/11 GI Bill when 
the law was changed allowing active duty members to transfer 
their benefits. The form did not state that you complete the 
form and then complete an additional four years of service. He 
reiterates he was never briefed he had to transfer the benefits 
prior to retirement. The information he received was passed to 
him from the Department of Veterans Affairs website. He 
attended all the appointments required by Pope Army Air Field 
for retirement. The only information he received about the 
transfer of benefits was to do so while on active duty. 

 

Once he received the VA education booklet, he noticed that he 
had to serve an additional three years for the transfer. He 
applied for reinstatement, however, his request was denied due 
to his approved retirement date. He believes that had he been 


stationed at a base with Air Force personnel, he would have 
received the required briefings and information. 

 

The applicant’s response, with attachment, 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. After 
careful consideration of the applicant’s request and the 
available evidence of record, we find insufficient evidence of 
error or injustice to warrant corrective action. The facts and 
opinions stated in the advisory opinion appear to be based on 
the evidence of record and have not been adequately rebutted by 
the applicant. 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 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 AFBCMR Docket 
Number BC-2012-03358 in Executive Session on 9 May 2013, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

 

 

 

 

 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03358 was considered: 

 

 Exhibit A. DD Form 149, dated 24 Jul 12. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 13 Aug 12. 

 Exhibit D. Letter, SAF/MRBR, dated 28 Aug 12. 

 Exhibit E. Letter, Applicant’s Response, undated, w/atch. 

 

 

 

 

 

 Panel Chair