GI bill transfer clarifying questions [USAF]

[AFrpaso]

Hi all,

I've been doing some research trying to figure out how the transfer of GI bill benefits is going to shake out in my situation. I've read through DAFI 36-2670 a few times and have some unanswered questions.

Currently, I have just under 2 years of GI bill eligible service time putting me in the 70% benefit bracket. I will not continue to accrue more eligible service time until about 2 years from now.

That being said, I do have >6 years of creditable service time (note, different than GI bill eligible service) which means that at this moment I should be able to transfer benefits to anyone loaded in DEERS. This would trigger a 4-year ADSC which I interpret to be served concurrently with any other ADSCs based on paragraph 4.1.2.2 and attachment 2 of AFMAN 36-2100.

My questions are this:
1) If I do initiate the GI bill transfer now, will the benefit continue to accrue as I accumulate more eligible service time and eventually top out at 100% for months transferred to my spouse?

2) While still active duty and having previously transferred some benefit to my spouse, can I transfer benefits to a newly born child without worrying about restarting the 4-year ADSC?

I appreciate the help!

 

[Impulsive]

Transfer your Post-9/11 GI Bill benefits | Veterans Affairs

Find out if you can transfer any of your unused Post-9/11 GI Bill benefits to your spouse or dependent children.Note: The Defense Department (DOD) decides whether you can transfer GI Bill benefits to your family.

www.va.gov

Pretty much should answer most of your questions... If you have further questions PM me and I will try and get answers for you.

 

[Capt MJ]

I strongly recommend you find a certified and trained VSO, Veteran Service Officer, who can properly counsel you if you are unsure after doing your own research.

Most states and counties have VSO offices. Veteran organizations such as American Legion, VFW, DAV, AMVETS also have volunteer trained veteran advisors. The VA also has some walk-in vet centers with advisors on staff.

For example, I live in MD. I could contact:

Do you need to apply for VA benefits? What to know before you file.

The Maryland Department of Veterans Affairs Service and Benefits Program provides assistance to the men and women who served in the Uniformed Services of the United States, their dependents, and su…

veterans.maryland.gov

In

DAV Local Offices - Veterans Service Officers - NSOs - DAV.org

All services provided by DAV NSOs are free of charge. Your Local DAV National Service Officer (NSO) will help you file a claim. - DAV.org

www.dav.org

Annapolis Vet Center | Veterans Affairs

We offer confidential help for Veterans, service members, and their families at no cost in a non-medical setting. Our services include counseling for needs such as depression, post traumatic stress disorder (PTSD), and the psychological effects of military sexual trauma (MST). We can also...

www.va.gov

This is a VA benefit, so VSOs usually know their stuff. Most VSOs are veterans themselves.

 

[AFrpaso]

Transfer your Post-9/11 GI Bill benefits | Veterans Affairs

Find out if you can transfer any of your unused Post-9/11 GI Bill benefits to your spouse or dependent children.Note: The Defense Department (DOD) decides whether you can transfer GI Bill benefits to your family.

www.va.gov

Pretty much should answer most of your questions... If you have further questions PM me and I will try and get answers for you.

Hi, yes, thank you for the link. I've explored that website thoroughly and could not find any answers for the two questions raised in my initial post.

I've since had the second question answered by my service's Education Benefits Transfer office. Transferring benefits to a newly born child will not restart the clock on the 4-year service commitment from the initial transfer to the spouse. This is good!

The first question is a little more sticky, but the situation shouldn't be exceedingly rare. At least for the Air Force, any service academy graduate must complete the associated service commitment before they can start to accrue eligible service time towards the post-9/11 GI bill. That covers 5 of the 6 years of creditable service required to be eligible to transfer to the post 9/11 GI bill benefit. In only one more year, and grad could elect to transfer their benefit to a dependent albeit at a reduced rate of 60% since they only have 1 year of post-9/11 GI bill eligible service. Now the benefit is split with some months allocated to the servicemember and some allocated to their dependent. So the question is, as the service member continues to serve and accrue post-9/11 eligible service time, does the benefit rate increase for both themselves and the dependent? Or are the months previously transferred to the dependent at the 60% rate "frozen" at 60%?

Personally, I would think it would be the former, but I wouldn't put it past the VA to say it is actually the latter.

 

[AFrpaso]

I strongly recommend you find a certified and trained VSO, Veteran Service Officer, who can properly counsel you if you are unsure after doing your own research.

Thanks, I will reach out to them!

 

[Impulsive]

You can use VA form 22-1990 to apply for YOUR benefits, or VA Form 22-1990e for a dependent to use your "transferred' benefits, but your particular service department (the Air Force) determines 'transferability' and calculation of % of benefits and Service Time. A VSO can help you apply, or your dependent who has received the transfer of entitlement (TOE) apply, but cannot directly (as POA) apply for a TOE or TOE's. The TOE is a DoD form that has to be completed either on AD or as your leave service either active or reserve, so it is advisable to consult your Education Office or Educational Assistance Officer of in your case the Air Force to get this done and determine what is fact over what may be.

An educated guess on my part is that once you do the TOE, select the percentages you want, and it is approved, that DoD automatically adjusts the amount of benefits transferred (months of benefits paid) as service time accrues up to the maximum. DoD is the agency of jurisdiction for determination of TOE's, not VA. VA administers the benefits after you claim them, they do not make any determinations as to specificity of benefits.

JMHO, but I do not profess to know your situation, but since you are dealing with a newborn, still on AD, and doing research, there is no rush to do a TOE until you are getting ready to leave service.

 

[AFrpaso]

An educated guess on my part is that once you do the TOE, select the percentages you want, and it is approved, that DoD automatically adjusts the amount of benefits transferred (months of benefits paid) as service time accrues up to the maximum. DoD is the agency of jurisdiction for determination of TOE's, not VA. VA administers the benefits after you claim them, they do not make any determinations as to specificity of benefits.

Hi, again. Thanks for the follow-up. I think this is the critical piece. I was on the phone with my service's TOE office, the VA, and my local veteran's association yesterday and they all seem to have agreed that the reduced-rate benefit previously transferred to a dependent would also increase as more eligible service time accrued. Which is a good thing.

JMHO, but I do not profess to know your situation, but since you are dealing with a newborn, still on AD, and doing research, there is no rush to do a TOE until you are getting ready to leave service.

The U.S. Air Force attaches a 4-year service commitment starting from the date that the TOE application is approved so I cannot wait until I am getting ready to leave the service. I need to transfer at least 4 years before I plan to separate.

 

[Impulsive]

Hi, again. Thanks for the follow-up. I think this is the critical piece. I was on the phone with my service's TOE office, the VA, and my local veteran's association yesterday and they all seem to have agreed that the reduced-rate benefit previously transferred to a dependent would also increase as more eligible service time accrued. Which is a good thing.



The U.S. Air Force attaches a 4-year service commitment starting from the date that the TOE application is approved so I cannot wait until I am getting ready to leave the service. I need to transfer at least 4 years before I plan to separate.

The 4yr additional ADSO is kinda crappy to do in order to just transfer entitlements. I suppose it is the Service's determination though. Glad you received good correct info. It only makes sense that if you transfer benefits, remain on AD (earning more benefits), that those benefits earned post transfer would increase for whomever you transfer them to because yours increase. You may be encountering this situation because you are a Commissioned Officer, generally enlisted members have a contract and I would bet that it would be almost impossible for a Service to require additional Service beyond their contract for a TOE. I have done 22-1990e's for dependents whose sponsors only served three plus years (no additional ADSO). Still pretty crappy to require Officers to add service time and not enlisted. You have given me a project, to check and see if the additional time is particular to Officers, or if some enlisted (because of some circumstance) also have it.

Good Luck with you newborn, and Stay Safe

 

[AFrpaso]

The 4yr additional ADSO is kinda crappy to do in order to just transfer entitlements. I suppose it is the Service's determination though. Glad you received good correct info. It only makes sense that if you transfer benefits, remain on AD (earning more benefits), that those benefits earned post transfer would increase for whomever you transfer them to because yours increase. You may be encountering this situation because you are a Commissioned Officer, generally enlisted members have a contract and I would bet that it would be almost impossible for a Service to require additional Service beyond their contract for a TOE. I have done 22-1990e's for dependents whose sponsors only served three plus years (no additional ADSO). Still pretty crappy to require Officers to add service time and not enlisted. You have given me a project, to check and see if the additional time is particular to Officers, or if some enlisted (because of some circumstance) also have it.

Good Luck with you newborn, and Stay Safe

It applies to USAF enlisted as well. This changed back in 2019. Here's a short article about it: https://www.af.mil/News/Article-Dis...st-911-gi-bill-transfers-effective-july-2019/

Basically the ability to transfer is now considered a retention tool and not an entitlement.

No newborn yet, but almost definitely before I separate from active duty. Of course I still appreciate the sentiment!

 

[Impulsive]

It applies to USAF enlisted as well. This changed back in 2019. Here's a short article about it: https://www.af.mil/News/Article-Dis...st-911-gi-bill-transfers-effective-july-2019/

Basically the ability to transfer is now considered a retention tool and not an entitlement.

No newborn yet, but almost definitely before I separate from active duty. Of course I still appreciate the sentiment!

You are right, it does absolutely sound like a new "retention' tool. That is a really crappy thing. The educational benefits you earn, and the guidelines say 36 months "qualifying AD" for full benefits. And the regs say you have to transfer benefits PRIOR to leaving service, and it is up to YOUR Service Department, so they've got you so to speak! This is likely becoming DoD wide I fear. It is almost certain that it is occurring because Congress allows the Service Departments to set TOE Policy. There should be no penalty for TOE once earned and it should conform to GI Bill Guidelines.

This sounds like something that the various VSO's need to address at their annual Congressional visits and put on their "to do" lists as it is going to screw over a bunch of service members. I could venture a guess that if someone actually formally contested this policy (adding 4 yr ADSO to transfer a benefit already earned) up the chain, that a Federal Court may find it violates the "Spirit of the Law" and places "An Undo Burden" on service members for Post 9-11 GI Bill recipients.

And I find it unusual that they changed it in 2019, just as retention problems started. But I thank you for the heads up, I need to remember to bring this issue up to our local Congressman.