RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03571 

 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show he transferred his Post-9/11 
GI Bill educational benefits to his dependents while he was on 
active duty. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His effective date of retirement was when the Post-9/11 GI Bill 
was offered. As of 16 Jul 12, he was approved for Post-9/11 GI 
Bill benefits and he has until 1 Aug 24 to use them. He would 
now like to transfer the benefits to his kids. 

 

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

 

_________________ ______________________________________________ 

 

STATEMENT OF FACTS: 

 

On 16 Jul 09, the Department of Veterans Affairs notified the 
applicant he was entitled to Post-9/11 GI Bill benefits. 

 

The applicant was released from active duty on 31 Jul 09 and 
retired, effective 1 Aug 09. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPSIT recommends denial, indicating there is no evidence of 
an error or injustice. 

 


For the first time in history, service members enrolled in the 
Post-9/11 GI Bill Program are able to transfer unused 
educational benefits to their dependent spouses or children. 
Any member of the Armed Forces, active duty or Selected Reserve, 
officer or enlisted, on or after 1 Aug 09, who is eligible for 
the Post-9/11 Bill, has at least six years of service in the 
Armed Forces on the date of election, and agrees to serve 
four additional years in the Armed Forces from the date of 
election can transfer their unused Post-9/11 benefits to their 
dependents (Title 38 USC, Chapter 33, § 3319(b)(1)). 
Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of 
such entitlement can only be done while serving as a member of 
the armed forces when the transfer is executed. 

 

The program for Transfer of Educational Benefits (TEB) started 
1 Aug 09. Title 38 USC, Chapter 33, §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.” The 
applicant chose to retire on 31 Jul 09, making him ineligible 
for the Post-9/11 GIB TEB. A complete copy of the AFPC/DPSIT 
evaluation, with attachment, is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He is disappointed with the AFPC/DPSIT recommendation to deny 
his application. The Air Force did not engage in a Service-wide 
effort to seek out members who were already on terminal leave, 
or who had already completed their pre-separation counseling. 
This program was never explained in full detail. There was 
never a mention of an application to complete and submit. If 
so, he would have done that. He started Permissive TDY in 
Apr 09 and went right into terminal leave. He never thought he 
would be eligible for the Post-9/11 GI Bill until another 
veteran urged him to apply. This is a benefit he earned 
(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 error or injustice warranting 
corrective action regarding the applicant’s Transfer of 
Educational Benefits. We note the comments of the Air Force 
office of primary responsibility; nonetheless, the Board 
believes the applicant could not have been properly briefed on 


the TEB program because he was already on terminal leave during 
the earliest stages of the program’s implementation, thus 
limiting his ability to take advantage of this important 
benefit. Additionally, since Air Force members similarly 
situated to the applicant were provided the opportunity to 
extend their service for one month for the sole purpose of 
qualifying for the opportunity to transfer their benefits, we 
find the evidence provided sufficient to conclude that it is in 
the interest of justice to grant the requested relief. 
Therefore, based on the evidence presented, we recommend the 
applicant’s record 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: 

 

a. On 31 July 2009, he was not relieved from active duty, 
but was continued on active duty until 31 August 2009. 

 

b. On 31 August 2009, he elected to transfer his Post-9/11 
GI Bill Educational Benefits. 

 

 c. On 31 August 2009, he was relieved from active duty and 
retired, effective 1 September 2009. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03571 in Executive Session on 9 May 13, under the 
provisions of AFI 36-2603: 

 

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 8 Aug 12, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 27 Aug 12, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 11 Sep 12. 

 Exhibit E. Letter, Applicant, dated 17 Sep 12. 

 

 

 

 

 Panel Chair