DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2012-121 
 
XXXXXXXXXXXXXXXXXX. 
XXXXXXXXXXXXXXXXX 

 

 

 
 

FINAL DECISION 

 
 
This proceeding was conducted according to the provisions of section 1552 of title 10 and 
section  425  of  title  14  of  the  United  States  Code.    The  Chair  docketed  the  application  upon 
receipt of the applicant’s completed application on April 16, 2012, and subsequently prepared the 
final decision as required by 33 CFR § 52.61(c), with the assistance of staff member D. Hale. 
 
 
members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  January  18,  2013,  is  signed  by  the  three  duly  appointed 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
 The applicant, who retired as a Yeoman first class (YN1) after serving 20 years on active 
duty in the U.S. Army and the Coast Guard, asked the Board to correct his record to show that he 
transferred his benefits under the Post-9/11 Veterans Education Act of 2008 (Post-911 GI Bill)1 
to his dependents prior to his retirement from the Coast Guard.  He stated that he was on terminal 
leave from April 2009 until his retirement on September 1, 2009, and alleged that he was not told 
about the Post-9/11 GI Bill program prior to beginning terminal leave.   
 
 
Regarding the delay in submitting his application, the applicant stated that he discovered 
the alleged errors in his record on April 10, 2012, and argued that it is in the interest of justice to 
waive the untimeliness because he was unaware of the Post-9/11 GI Bill benefit and only learned 
about it when he was planning for his dependent children to attend college.   
 

SUMMARY OF THE RECORD 

 
 

The  applicant  retired  from  20  years  of  active  military  service  on  September  1,  2009.  

                                                 
1 The Post-9/11 GI Bill provides financial support for education and housing to individuals with at least 90 days of 
aggregate  service  after  September  10,  2001,  or  individuals  discharged  with  a  service-connected  disability  after  30 
days.  An  individual  must  have  received  an  honorable  discharge  to  be  eligible  for  the  Post-9/11  GI  Bill.  
http://gibill.va.gov/benefits/post_911_gibill/index.html 
 

 

 

There is nothing in the record to indicate that he  attempted to transfer his unused Post-9/11 GI 
Bill benefits to his dependents prior to his retirement from the Coast Guard.  There is nothing in 
the  record  to  indicate  that  he  was  counseled  about  the  Post-9/11  GI  Bill  benefits  prior  to  his 
retirement. 
 

VIEWS OF THE COAST GUARD 

 

On August 15, 2012, the Judge Advocate General (JAG) of the Coast Guard submitted an 
advisory  opinion  recommending  that  the  Board  deny  the  applicant’s  request.    The  JAG  argued 
that  relief  should  be  denied  because  the  applicant  failed  to  substantiate  an  error  or  injustice 
regarding  the  Coast  Guard’s  notice  of  pending  implementation  of  the  Department  of  Veterans 
Affairs  (DVA)  Post-9/11  GI  Bill  benefits  with  respect  to  his  retirement  decision.    The  JAG 
argued that the Coast Guard delivered constructive notice to all members of the DVA’s Post-9/11 
GI Bill program when it released ALCOAST2 447/08 on September 18, 2008.  The JAG stated 
that the applicant was still on active duty when this ALCOAST was released and that it “was [the 
applicant’s]  responsibility  to  read  and  understand  information  provided  within  ALCOAST 
messages.”  The JAG noted that ALCOAST 447/08 clearly states that the Post-9/11 GI Bill does 
not  go  into  effect  until August  1,  2009,  and  plainly  addresses  the  transferability  of  benefits  to 
dependents.  The JAG further noted that ALCOAST 447/08 specifically states that “members are 
reminded not to make significant unalterable career choices or changes to college savings plans.”  

 
The JAG also argued that the ALCOAST announcing the implementation of the Post-9/11 
GI Bill was released eight months before the applicant began his terminal leave.  Moreover, the 
JAG  argued,  the  CG  released  another  ALCOAST  on  January  16,  2009,  and  it  specifically 
addressed the topic of transferability of the benefits  to  dependents.   The  JAG asserted that this 
“is clearly a failure on the applicant’s behalf to read posted information  released by the CG on 
several  different  occasions  regarding  pending  educational  benefits  prior  to  the  applicant’s 
decision to retire.”    
 

The JAG further argued that the applicant has not met his burden of proving that the CG 
committed an error or injustice in its implementation of the Post-9/11 GI Bill transfer program.  
The JAG asserted that the applicant had constructive notice of the benefits prior to his September 
1,  2009,  retirement,  and  his  failure  to  avail  himself  of  published  CG  information  does  not 
impugn  the  CG  with  error  or  describe  an  injustice  in  the  way  the  CG  delivered  the  program 
information to its members.   

 
The JAG also adopted the findings and analysis provided in a memorandum on the case 
prepared  by  the  Personnel  Service  Center  (PSC).    The  PSC  argued  that  although  the  applicant 
claimed that there was no way for him to know about a policy that went into effect on August 1, 
2009,  the  Coast  Guard  released  two  ALCOASTs  regarding  the  transfer  of  GI  Bill  benefits  to 
dependents  before  the  applicant  began  his  terminal  leave  in  April  2009.    The  PSC  argued  that 
“[i]t  is  unclear  how,  beginning  in  September  of  2008,  the  applicant  remained  unaware  of  a 

                                                 
2 ALCOAST - A notice containing information of an  urgent nature, requiring a  wide distribution  within the Coast 
Guard  and  is  transmitted  via  the  Coast  Guard  Telecommunications  System  (CGTS).      It  remains  in  effect  for  one 
year from the date of origin. Coast Guard Telecommunications Manual (TCM), COMDTINST M2000.3C. 
 

 

 

program  so  heavily  anticipated.    The  applicant’s  argument  that  he  was  miscounseled  or 
misinformed is therefore without merit.” 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On August 24, 2012, the BCMR sent the applicant a copy of the Coast Guard’s views and 

 
 
invited him to respond within 30 days.  The BCMR did not receive a response.   
 

APPLICABLE LAW AND REGULATIONS 

 

38 U.S.C. § 3319 
 
Section 3319 to Title 38 states the following in pertinent part: 
 
“(a)  In  general 
permit an individual described in subsection (b) who is entitled to  educational assistance under 
this  chapter  to  elect  to  transfer  to  one  of  more  of  the  dependents  specified  in  subsection  (c)  a 
portion  of  such  individual’s  entitlement  to  such  assistance,  subject  to  the  limitation  under 
subsection (d). 
 
“(2) The purpose of the authority in paragraph (1) is to promote recruitment and retention in the 
uniformed services.  The secretary concerned may exercise the authority for that purpose when 
authorized by the Secretary of Defense in the National Security interests of the United States. 
 
“(b)  Eligible  individuals 
uniformed  services  who,  at  the  time  of  the  approval  of  the  individual’s  request  to  transfer 
of 
service in  the  armed  forces and enters into an agreement to serve at  least  four more  years  as a 
member  of  the  uniformed  services;  or  (2)  the  years  of  service  as  determined  in  regulations 
pursuant to subsection (j).  
 

#    

#   

 # 

 
“(f) Time for transfer; revocation and modification. 
limitation  for  use  and  entitlement  under  section  3321,  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. 
 
  

#    

 # 

#   
 
 

“(j)  Regulations.  (1) The Secretary of Defense, in coordination with  the Secretary of Veterans 
Affairs,  shall  prescribe  regulations  for  purposes  of  this  section.    (2)  Such  regulations  shall 
specify 
eligibility criteria in accordance with subsection (b); and (C) the manner and effect of an election 
to modify or revoke a transfer of entitlement under subsection (f)(2).”   
 

 

 

 
 
Directive Type Memorandum (DTM) 09-003, June 22, 2009 
 

On  June  22,  2009,  DoD  set  forth  the  policies  and  procedures  for  carrying  out  the  Post-
9/11 GI Bill in DTM 09-003, which became effective on August 1, 2009.  The DTM states that it 
is effective immediately and that it is applicable to the Office of the Secretary of Defense and the 
Military  Departments  including  the  Coast  Guard  by  agreement  with  the  Department.    The 
regulation defined “Military Services” as the Army, Navy, Air Force,  Marine Corps, and Coast 
Guard.  
 
Paragraph 3.b. of Attachment 1 (Responsibilities) to the DTM states that the Secretaries 
of the Military Departments shall “Ensure that all eligible active duty members . . . are aware that 
they  are  automatically  eligible  for  educational  assistance  under  the  Post-9/11  GI  Bill  program 
upon  serving  the  required  active  duty  time  established  in  Chapter  33  of  [title  38  of  the  United 
States Code].” 

 
Paragraph  3.g.  of  Attachment  1  states  that  the  Secretaries  of  the  Military  Departments 
shall  “provide  active  duty  participants  .  .  .  with  qualifying  active  duty  service  individual  pre-
separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill and 
document accordingly.”   

 
Paragraph  3.a.  of  Attachment  2  (Procedures)  states  that  members  eligible  to  transfer 
education benefits are those members in the Armed Forces on or after August 1, 2009, who have 
served  a  specific  period  of  active  duty  and  who  agree  to  a  further  period  of  active  duty.  
However,  paragraph  3.a.(3)(b)  states  that  for  those  members  who  have  an  approved  retirement 
date after August 1, 2009, and before July 1, 2010, no additional service is required. 

 
Paragraph 3.g.(1) of Attachment 2 (Time of Transfer) states that an individual approved 
to transfer entitlement to educational assistance under this section may transfer such entitlement 
to the individual’s family member only while serving as a member of the armed forces. 

 
Paragraph  3.j.(1)  of  Attachment  2  (Regulation)  states  that  the  Secretary  of  Defense,  in 
coordination  with  the  Secretary  of  Veterans  Affairs,  shall  prescribe  regulations  for  purposes  of 
the transfer of 
entitlement under this section; (B) the eligibility criteria in accordance with subsection (b); and 
(C)  the  manner  and  effect  of  an  election  to  modify  or  revoke  a  transfer  of  entitlement  under 
subsection (f)(2). 
 
DTM 09-003 Glossary 
 
“Member of the Armed Forces.  For the purpose of this DTM, those individuals serving 
 
on active duty or in the Selected Reserve.  Does not include other members of the Ready Reserve 
(such  as  the  Individual  Ready  Reserve,  standby  Reserve,  or  retired  members  of  the  Armed 
Forces).”   
 

 

 

Secretary of the Military Department  concerned . . . For a member of the Coast  Guard, 
 
when the Coast Guard is operating as a Service of the DHS, the term means, “the Secretary of 
Homeland Security has jurisdiction over the service member.” 
 
Coast Guard ALCOAST 377/09, June 26, 2009 
 

The  Coast  Guard  released  ALCOAST  377/09  on  June  26,  2009  (internet  release  was 
authorized) announcing the Department of Defense and Coast Guard policy concerning Post-9/11 
GI Bill benefits and the transferability of unused benefits to family members.  Paragraph 6 of the 
ALCOAST states that to be eligible to transfer unused education benefits to a family member, an 
individual must be a member of the armed services (active duty or selected reserve) on or after 
August 1, 2009.  Paragraph 7.B. states that online applications for the transfer of benefits would 
be  accepted  beginning  on  June  29,  2009.    The  ALCOAST  also  states  that  the  DVA  is  the 
authority for the Post-9/11 GI Bill, but that transferability policy is directed by the Office of the 
Secretary of Defense and the Under Secretary of Defense.   

 

Earlier Coast Guard ALCOASTs 
 
ALCOAST  447/08  was  released  on  September  18,  2008,  and  provides  a  brief 
 
introduction of the Post-9/11 Veterans Education Act of 2008 (Post-9/11 GI Bill).  Paragraph 3.g. 
states that a “member may have the opportunity to transfer benefits to their spouse or dependent 
children”, and that detailed guidance will be released ahead of the August 2009 implementation 
date.   

 

 
ALCOAST 444/09 was released on January 16, 2009, and provides the second update to 
the Post-9/11 GI Bill and its applicability to Coast Guard members.  Paragraph 4 provides details 
about  the  transfer  of  benefits  to  spouses  and  children,  and  notes  that  the  member  must  be  on 
active duty on August 1, 2009, and must agree to serve an additional four years of active service. 
 
ALCOAST  250/09  was  released  on April  28,  2009,  and  is  the  third  update  to  the  Post-
 
9/11  GI  Bill  which  was  scheduled  to  go  into  effect  on  August  1,  2009.    Paragraph  5  of  the 
ALCOAST  states  that  the  DVA  is  scheduled  to  begin  accepting  applications  for  transfer  of 
benefits  on  or  about  June  15,  2009.    Section  B  of  paragraph  5  states  that  the  Office  of  the 
Secretary of Defense has not released the final policy on transferability, specifically as it relates 
to members who are retirement eligible between 2009 and 2012. 
 
Precedent Decision Issued November 7, 2012 
 
 
In  BCMR  Docket  No.  2012-054,  the  Deputy  General  Counsel  for  the  Department  of 
 
Homeland  Security  affirmed  the  Board’s  decision  that  the  Coast  Guard  erred  when  it  did  not 
provide  individual  pre-separation  counseling  to  a  retiring  member  about  his  Post-9/11  GI  Bill 
benefits.    In  that  case,  the  applicant  was  on  terminal  leave  from  June  30,  2009,  until  his 
retirement on October 31, 2009, and did not receive pre-retirement counseling on the Post-9/11 
GI Bill prior to his retirement.  The Board found that the Coast Guard committed an error by not 
providing  individual,  pre-separation  counseling,  as  required  by  the  DTM,  which  became 
effective  on  June  22,  2009.   The  instant  case  is  remarkably  similar,  because  this  applicant  was 
also on terminal leave when the DTM was issued and when the program went into effect.  And 
like  the  applicant  in  Docket  No.  2012-054,  he  was  not  counseled  about  the  Post-9/11GI  Bill 

 

 

program  and  the  chance  to  transfer  unused  benefits  before  he  started  his  terminal  leave  and 
retired from active duty.  
 

FINDINGS AND CONCLUSIONS 

 

The Board makes the following findings and conclusions on the basis of the applicant's 

military record and submissions, the Coast Guard's submission and applicable law: 

 
1. 

The Board has jurisdiction concerning this matter pursuant  to  10 U.S.C.  § 1552.  

The application was timely. 

 
2. 

This  application  involves  a  request  for  benefits  under  the  Veterans  Educational 
Assistance Act of 2008, commonly referred to as the Post-9/11 GI Bill.  It was signed into law in 
June 2008 and became effective on August  1, 2009.   Section 3319(a) of Title 38 of the United 
States  Code  authorized  eligible  service  members  to  transfer  a  portion  of  their  entitlement  to 
educational  assistance  to  their  eligible  dependents.    Subsection  (j)  directed  the  Department  of 
Defense to prescribe implementing regulations on the transferability of educational benefits. 

 
3. 

On  June  22,  2009,  DoD  issued  Directive-Type  Memorandum  (DTM)  09-003 
implementing  the  Post-9/11  GI  Bill,  which  included  regulations  for  transferring  educational 
benefits to dependents.  The DTM states that it is applicable to OSD (Office of the Secretary of 
Defense)  and  the  Military  Departments  including  the  Coast  Guard  by  agreement  with  the 
Department  of  Homeland  Security.    Paragraph  3  of Attachment  1  (Responsibilities)  states  that 
Service  Secretaries  have  the  responsibility  for  providing  regulations,  policy,  implementation 
guidance, and instructions governing the administration of the Post-9/11 GI Bill consistent with 
the DTM. 

 
Section  3.b.  of  Attachment  1  to  the  DTM  states  that  Service  Secretaries  shall  “[e]nsure 
that  all  eligible  active  duty  members  and  members  of  the  Reserve  Components  are  aware  that 
they  are  automatically  eligible  for  educational  assistance  under  the  Post-9/11  GI  Bill  program 
upon serving the required active duty time as established [under the applicable law].” 

 
Section 3.g. of Attachment 1 to the DTM states that Service Secretaries shall “[p]rovide 
active  duty  participants  and  members  of  the  reserve  Components  with  qualifying  active  duty 
service individual pre-separation or release from active duty counseling on the benefits under the 
Post-9/11 GI Bill and document accordingly.”   

 
Paragraph  3.a.  of  Attachment  2  (Procedures)  to  the  DTM  states  that  to  be  eligible  to 
transfer unused education benefits, an individual must be a member of the armed forces (active 
duty  or  SELRES)  on  or  after  August  1,  2009,  and  obligate  an  additional  amount  of  service, 
except that for individuals who have an approved retirement date on or after August 1, 2009, and 
before July 1, 2010, no additional service is required. 

 
Paragraph 3.g. of Attachment 2 states that an individual approved to transfer entitlement 
to  educational  assistance  under  this  section  may  transfer  such  entitlement  to  the  individual’s 
family member only while serving as a member of the armed forces. 
 

 

 

5.    The  applicant  commenced  authorized  terminal  leave  in  conjunction  with  retirement 
mid April 2009 and retired from the Coast Guard on September 1, 2009, without returning to his 
unit.3    The  applicant  met  all  of  the  requirements  to  transfer  his  educational  benefits  to  his 
dependents, except that he did not execute the transfer prior to his retirement, as required by the 
regulation.    According  to  paragraph  3.g.(1)  of  Attachment  2  of  the  DTM,  “[a]n  individual 
approved  to  transfer  entitlement  of  educational  assistance  .  .  .  may  transfer  such  entitlement  to 
the individual’s family member only while serving as a member of the armed forces.”  The DTM 
Glossary defines members of the armed forces as those individuals serving on active duty or in 
the SELRES.  The definition does not include individuals in a retired status.  Attachment 1 to the 
DTM states that Service Secretaries must “[p]rovide active duty participants and members of the 
Reserve  Components  with  qualifying  active  duty  service  individual  pre-separation  or  release 
from  active  duty  counseling  on  the  benefits  under  the  Post-9/11  GI  Bill  and  document 
accordingly.”   [Emphasis added.]  In paragraph  1 of ALCOAST 377/09,  issued June 26, 2009, 
the Coast Guard announced the DTM regulation as the Coast Guard’s policy and it is therefore 
bound by that regulation.   

 
6. 

The  applicant  argued  that  the  Coast  Guard  failed  to  counsel  him  that  he  could 
transfer his unused Post-9/11 GI Bill education benefits to his dependents prior to his retirement.   
There is no evidence before the Board that proves that the applicant received any pre-retirement 
counseling about Post 9-11 GI Bill benefits prior to his retirement.   The Coast Guard committed 
an  error  by  failing  to  provide  the  applicant  with  individual  pre-separation  counseling  on  Post-
9/11 GI Bill benefits prior to his retirement, as required by the DTM.    
 
 
7.  The Coast Guard argued that it provided constructive notice to the applicant about the 
Post-9/11 GI Bill via two ALCOASTs that were published before he began terminal leave, and 
that it was “clearly a failure on the applicant’s behalf to read posted information….” prior to his 
departure  on  terminal  leave.    The  Coast  Guard  would  place  all  of  the  responsibility  on  the 
member  to  learn  about  the  program  and  limits  its  responsibility  to  announcements  through 
ALCOASTs.    However,  the  DTM  requires  that  the  Services  do  more  than  just  announce  the 
program;  it  places  the  responsibility  on  each  Service  to  ensure  that  all  eligible  active  duty 
members are aware of their automatic eligibility for education assistance under the Post-9/11 GI 
Bill  and  to  provide  individual  counseling  on  the  program’s  benefits  prior  to  separation.  
Webster’s  Ninth  New  Collegiate  Dictionary,  p.  808,  defines  notice  as  a  “written  or  printed 
announcement.”  It defines counseling as “professional guidance of the individual…”  Id. p. 296.  
The Board finds that posting ALCOASTSs do not meet the individual counseling requirement of 
the DTM.   
 
 
8.    The  facts  in  this  case  are  similar  to  those  in  BCMR  No.  2012-054  in  which  the 
Principal  Deputy  General  Counsel  approved  the  Board’s  findings  that  the  Coast  Guard 
committed an error by not counseling that applicant about his Post-9/11 GI Bill benefits prior to 
his  retirement  on  October  31,  2009  as  required  by  the  DTM  that  was  published  and  became 
effective on June 22, 2009.   
 
 
                                                 
3  According  to  Article  12.C.1.d.  of  the  Personnel  Manual  (2005),  members  who  have  been  granted  leave  in 
accordance  with  their  retirement  do  not  return  to  their  duty  stations  to  receive  final  discharge  documents.    The 
documents are mailed to the members at their then-location. 

Accordingly, the applicant has demonstrated an error in his record and his request 

9. 

 

 

should be granted.  No basis exists on which to treat this applicant differently than the applicant 
in 2012-054.   
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

 

 

 

ORDER 

 
 
The  application  of  XXXXXXXXXXXXXXXXXXXX  Retired,  for  correction  of  his 
military record is granted.  His record shall be corrected to show that before retiring from active 
duty  on  September  1,  2009,  he  transferred  his  Post-9/11  GI  Bill  educational  benefits  to  his 
eligible  dependents.    The  Coast  Guard  shall  assist  him  with  the  paperwork  necessary  to 
accomplish this transfer of benefits. 
 
 
 
 
 
 
 
 
 
 

  

 

 

 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 Philip B. Busch 

 

 

 
 Ashley A. Darbo 

 

 
 

 
 
 Dorothy J. Ulmer