RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01058 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was miscounseled. He was provided incomplete information 
regarding the Post 9/11 education benefits and the Montgomery GI 
Bill. 

 

In support of his request, the applicant submits a personal 
statement, Post 9/11 GI Bill Transfer of Education Benefits 
Statement of Understanding, email communiqué, and other 
documentation. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The 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: 

 

USAF/A1PA recommends denial. A1PA states the applicant applied 
and was approved for retirement effective 1 May 2011. On 
11 January 2011 he attempted to transfer Post 9/11 GI Bill 
educational benefits. Based on his approved 1 May 2011 
retirement date, his transfer was disapproved because he could 
not get retainability. 

 

On 24 June 2010, the Air Force implemented a new pre-retirement 
application checklist that contained an advisory paragraph on the 
impact voluntary retirement may have on transferring Post 9/11 GI 


Bill benefits. The applicant completed and electronically signed 
this checklist when he formally submitted his voluntary 
retirement application on 19 October 2010. 

 

The applicant’s records support his statement that he attended a 
Transition Assistance Program briefing on 4 October 2010 at 
Kirtland. The records indicate that the standard education 
briefing was provided by Department of Veterans Affairs (DVA) 
representatives and covered all elements of the program, 
including the retainability requirements. 

 

The applicant’s decision to apply for voluntary retirement before 
applying to transfer benefits had unintended consequences but 
does not constitute an error or injustice. 

 

The A1PA complete evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

During his briefing, the briefer provided limited details 
regarding the program. He was informed that if he planned on 
retiring he had to transfer the benefits before his last day on 
active duty. On 11 January 2011, he applied to transfer his 
benefits and his request was denied. He served in the 
performance of aeronautical duties as a flight engineer serving 
many combat zones. He and his family made sacrifices on behalf 
of the Air Force and the United States of America to be entitled 
to this benefit. 

 

The applicant’s complete response, with attachments 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. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. While we note 
the steps the Air Force office of primary responsibility 
indicates were taken to inform eligible personnel of this new 
benefit, it appears that through no fault of the applicant, he 
was not fully aware of the steps necessary to transfer his 
benefits to his dependents. In addition, we find the evidence 
sufficient to give him the benefit of doubt in this matter as it 
does not appear reasonable that he would have knowingly elected 
not to pursue use of this important entitlement. Therefore, we 


elect to resolve any doubt in this matter in behalf of the 
applicant and recommend the records be corrected as indicated 
below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that on 30 April 
2011, he elected to transfer his Post 9/11 GI Bill Educational 
Benefits. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-01058 in Executive Session on 10 January 2012, 
under the provisions of AFI 36-2603: 

 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2011-01058 was considered: 

 

 Exhibit A. DD Form 149, dated 14 March 2011, w/atchs. 

 Exhibit B. Letter, USAF/A1PA, dated 13 May 2011. 

 Exhibit C. Letter, SAF/MRBR, dated 20 May 2011. 

 Exhibit D. Letter, Applicant, dated 5 June 2011. 

 

 

 

 

 

 Panel Chair