RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00467 

COUNSEL: NO 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to Transfer Education Benefits (TEB) to his spouse 
and daughter. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was on terminal leave and unable to apply for the TEB program 
because he did not have access to do so. He applied for TEB on 
22 Jul 09 and began his terminal leave on 28 Jul 09. He received 
an acceptance letter for Chapter 33 on 22 Oct 09 and retired on 
1 Nov 09, leaving only 5 days to apply for TEB without access to 
a government computer. 

 

In support of his request, the applicant provides a copy of his 
Department of Veterans Affairs (DVA) Application for VA Education 
Benefits package, a copy of his retirement order, a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, and copies of his AF IMT 988, Leave Request/Authorization. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 10 Aug 87 
and was progressively promoted to the grade of senior master 
sergeant (E-8), having assumed that grade effective and with a 
date of rank of 1 Feb 07. He retired on 1 Nov 09 after serving 
22 years, 2 months, and 21 days on active duty. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ USAF/A1PA recommends denial. A1PA states the applicant TEB 
information reflects that he transferred 24 months of benefits to 


one of his children prior to the effective date of his 
retirement, but did not transfer any benefits to other family 
members before the retirement date. A1PA notes the applicant 
does not provide any evidence to support a government error; 
therefore, he was not denied the opportunity to transfer benefits 
to other family members while serving on active duty. A1PA also 
states that Title 39 United States Code Chapter 33 does not 
authorize reallocation of benefits to a new dependent after the 
member’s separation/retirement. 

 

The HQ USAF/A1PA complete evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant stated the pre-separation counseling occurred prior 
to 1 Aug 09 which is the TEB law effective date. He also 
encloses copies of his convalescent and terminal leave paperwork 
to show a timeline of his status. He notes that the Air Force 
did not engage in a Service-wide effort to seek out members who 
were already in a terminal leave status, or who had already 
completed their pre-separation counseling, in order to provide 
them with additional counseling on the TEB program. He was never 
notified of the change in benefits and procedures to apply for 
the TEB. 

 

The applicant’s complete submission 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. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice. While we note the Air 
Force office of primary responsibility position, we are inclined 
to believe the applicant was not fully aware of the TEB 
eligibility requirements and the steps necessary to transfer his 
benefits to his dependents. In addition we find no basis to 
question the applicant's account in this matter; 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 31 October 
2009, he elected to transfer his Post 9/11 GI Bill Educational 
Benefits in accordance with his expressed preferences as 
indicated in the attached AFPC/DPSIT memorandum. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00467 in Executive Session on 25 Aug 11, under the 
provisions of AFI 36-3003: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 3 Feb 11, w/atchs. 

 Exhibit B. Letter, HQ USAF/A1PA, dated 25 Mar 11. 

 Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11. 

 Exhibit D. Letter, Applicant, 12 Apr 11. 

 

 

 

 

 

 Panel Chair