RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-05040 

 

 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 not given the option to transfer his Post-9/11 GI Bill 
benefits prior to his retirement. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired from active duty, effective 1 Oct 08, in 
the grade of lieutenant colonel (O-5). 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial, indicating the applicant retired 
effective 1 Nov 07 [sic] and the program for the Transfer of 
Benefits started 1 Oct 08 [sic]. Since 38 USC, Chapter 33, 
Section 3319 (f)(1) states “an individual…may transfer such 
entitlement only while serving as a member of the armed forces 
when the transfer is executed,” denial is the only 
recommendation. There has been no injustice to the extent that 
the service member did not receive adequate counseling as 
required by law and DoD regulation. 

 

The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09. 
Any member of the Armed Forces who, on or after 1 August 2009, 


is eligible for the Post-9/11 GI Bill, had at least six years of 
service on the date of election may transfer unused Post-9/11 
benefits to their dependents. 

 

Service Secretaries were required, as of 22 Jun 09, to provide 
and document individual pre-separation or release from active 
duty counseling regarding these benefits. The Air Force issued 
AFGMI on 23 Jul 09, which required pre-separation counseling be 
documented on DD Form 2648. 

 

DoD developed a special website to facilitate the transfer of 
educational benefits. On 27 Jun 09, the website was operational 
for the purpose of accepting transfer of benefits applications. 
Both the DTM and AFI 36-2306 state the transfer must be made 
while the member is serving in the Armed Forces. Both documents 
were published on government-hosted websites prior to 1 Aug 09, 
the effective date of the Post-9/11 GI Bill. 

 

A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

AFPC/DPSIT stated that his retirement date was 1 Nov 07; 
however, that is incorrect. His effective retirement date was 
1 Oct 08. They also stated that the TEB started 1 Oct 08 and 
that 38 USC and 3323 (b)(1) and (2) required the secretary to 
provide member with information on the Post 9/11 GI bill as 
specified in DoD regulations. The Post 9/11 bill was signed 
30 Jun 08 and he was still on active duty but never received a 
briefing on the benefits. He reiterates the bill was to be used 
as a retention tool and he was on active duty and retired after 
the bill was signed. He asserts that he would have delayed his 
retirement for a year or longer had he known about the program. 
Additionally, he asserts that he would have volunteered for 
deployments to Iraq and Afghanistan to extend his time and 
obtain the right to transfer the benefits to his children. He 
concludes that the Air Force was negligent for not briefing him 
as required by law on the Post 9/11 benefits prior to his 
retirement. 

 

A complete copy of the applicant’s response 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 not timely filed; however it is in the 
interest of justice to excuse the failure to timely file. 


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 the case; however, the applicant retired from active 
duty prior to the Tranfer of Benefits becoming effective on 
1 Aug 09 and, other than argument and conjecture, he has 
presented no evidence to indicate that he was somehow 
miscounseled by Air Force officials regarding his potential 
eligibility to transfer his Post-9/11 educational benefits or 
that he has been treated differently than others similarly 
situated who chose to retire prior to the effective date of the 
TEB program.. Therefore, we find no basis to recommend granting 
the relief sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2012-05040 in Executive Session on 12 Aug 13, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

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

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 2 Nov 12. 

 Exhibit D. Letter, SAF/MRBR, dated 9 Nov 12. 

 Exhibit E. Letter, Applicant, dated 24 Nov 12. 

 

 

 

 

 

 Panel Chair