AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-02439 
 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

IN THE MATTER OF: 
   
   
 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He be allowed to transfer his Post-9/11 GI Bill benefits to his 
dependent. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  was  not  properly  informed  about  transferring  all  or  part  of 
his  Post-9/11  GI  Bill  to  his  dependent  prior  to  retiring.    He 
served  the  required  time  after  11  September  2001,  to  receive 
100 percent of the benefit.   
 
He suffered a massive stroke on 17 December 2011.  He was only 
made  aware  of  the  transfer  benefit  after  attending  a  GI  Bill 
briefing and speaking with an education counselor. 
 
In  support  of  his  request,  the  applicant  submits  his  DD  Form 
214,  Certificate  of  Release  or  Discharge  from  Active  Duty  and 
copies of his medical records.  
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant is a former member of the Air Force.  He retired 
on 1 November 2004 in the grade of senior master sergeant. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIT  recommends  denial.    For  the  first  time  in  history, 
service  members  enrolled  in  Chapter  33  Post-9/11  Educational 
Assistance  are  able  to  transfer  unused  educational  benefits  to 
their  dependent  spouse  or  children.    Any  member  of  the  Armed 
Forces, active duty or Selected Reserve, officer or enlisted, on 
or  about  1  August  2009,  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 the election, and agrees to serve a specified additional 
period  in  the  Armed  Forces  from  the  date  of  election  may 
transfer unused benefits to their dependents.  The Department of 
Defense  issued  a  regulation  that  authorized  the  military 
departments to offer members the option to transfer the benefit.  
The  Secretary  of  the  Air  Force  determined  that  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  on  active  duty  or  in  the 
Selected Reserves. 
 
Service  Secretary’s  were  required,  as  of  22  June  2009,  to 
provide  and  document  counseling  regarding  these  benefits.    The 
Air  Force  issued  AFGMI  on  23  July  2009,  which  required  pre-
separation counseling be documented.  However, the Air Force did 
not seek out members who were already on terminal leave, or had 
already completed separation counseling.   
 
The  program  was  not  in  effect  at  the  time  of  the  member’s 
retirement.    He  provides  no  error  or  injustice  on  the  part  of 
the United States Air Force. 
 
The complete DPSIT evaluation is at Exhibit B. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
He  requests  the  Board’s  consideration  based  on  his  current 
medical  condition.    He  was  unaware  that  he  could  transfer  this 
benefit to his dependent as he received no briefing. 
 
Due  to  his  disability,  he  is  unable  to  concentrate  or  stay 
focused for long periods of time.  He is taking nine medications 
and  this  causes  him  to  be  drowsy  and  tired.    His  daughter  is 
pursuing  her  degree  while  working  part-time.    He  has  been  her 
sole financial support in helping her pursue her education.  Due 
to  his  medical  condition,  he  is  unable  to  work  and  does  not 
foresee going back to work in the near future. 
 
“Any member of the Uniformed Service…on or after 1 August 2009, 
who  is  eligible  for  the  Post-9/11  GI  Bill,  and……is  or  becomes 
retirement eligible during the period from 1 August 2009 through 
1  August  2013.    A  service  member  is  considered  retirement 
eligible if he or she has completed 20 years of active duty or 
20 qualifying years of Reserve Service.” 
 
Per the eligible service member’s clause, he completed 26 years 
of  service  at  the  time  that  he  retired.    As  a  result,  he  is 
eligible  for  this  benefit  as  he  attained  20  plus  years  of 
service  before  1  August  2009.    He,  in  no  way,  would  have 
predicted  having  the  medical  problems  he  currently  faces.    He 
asks the Board to waive the requirements of being retired on or 

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about  1  August  2009  to  allow  his  daughter  the  opportunity  to 
complete her education.  She has no other means of support and 
he is unable to go back to work. 
 
He asks the Board to allow his daughter to use the benefit for 
which  he  faithfully  served  this  country  to  earn.    The  benefit 
would go unused otherwise.  To deny this request would be unjust 
to a disabled veteran who served his country for 26 years. 
 
The  applicant’s  complete  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  an  error  or  injustice.    We  took 
notice  of  the  applicant’s  complete  submission  in  judging  the 
merits  of  this  case;  however,  we  find  insufficient  evidence  of 
an  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;  most  notably,  that  the  program  was  not  in 
effect at the time of the applicant’s retirement.  Therefore, in 
the  absence  of  evidence  to  the  contrary,  we  find  no  basis  to 
recommend granting the relief sought in this application. 
 
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 issues 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 
 
 
 

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, Panel Chair 
, Member 
, Member 

The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-02439  in  Executive  Session  on  11  February  2013, 
under the provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
Exhibit A. DD Form 149, dtd 1 Jun 12, w/atchs. 
Exhibit B. Letter, AFPC/DPSIT, dtd 19 Jun 12. 
Exhibit C. Letter, SAF/MRBR, dtd 26 Jul 12,  
Exhibit D. Letter, Applicant’s Response, dtd 10 Aug 12, w/atchs. 
 
 
 
 
                                    
                                   Acting Panel Chair 
 
 

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