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AF | BCMR | CY2010 | BC 2010 02662
Original file (BC 2010 02662.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02662 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was not informed prior to his retirement that the transfer of 
the GI Bill benefits had to take place while serving on active 
duty. 

 

In support of his request, the applicant provides email 
communiqué, a copy of the Directive-Type Memorandum (DTM) 09-003: 
Post-9/11 GI Bill, AFI 36-2306 AFGM1, and a copy of DD Form 2648, Preseparation Counseling checklist for Active Component Service 
Members. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was relieved from active duty on 31 August 2009 and 
retired from the Air Force on 1 September 2009, having served 
23 years 2 months and 28 days on active duty. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSI makes no recommendation. DPSI states members may have 
had the impression that being on active duty or in the Selective 
Reserve (SELRES) on the effective date of the law, 1 August 2009 
was sufficient to “vest” them with the right to transfer benefits 
at some time in the future. Had those members sought 
clarification from an education counselor, read the DoD or Air 
Force guidance that was very clear on that point, or taken other 
measures to make timely decisions before their separation or 
retirement, they could have initiated a timely transfer of 
benefits. 


The Board could find that there was an injustice if the members 
were on active duty 1 August 2009, were not personally counseled 
about the need to execute a transfer while serving in the Armed 
Forces, and did not have ready access to DoD and Air Force 
guidance because of their terminal leave status. The Transfer 
date could be effective as early, as 1 August 2009 and there 
would be no need to place the member on active duty since the 
Transfer of Educational Benefits (TEB) system allows for 
correction of the record by Air Force personnel. 

 

The DPSI complete evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 15 October 2010, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D). As of this date, this office has received no 
response. 

 

_________________________________________________________________ 

 

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 timely made aware of his eligibility 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 and 
do not find it 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. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably considered. 

 

________________________________________________________________ 

 

 

 

 


THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that he elected to 
transfer his Post 9/11 GI Bill Educational Benefits to , 
effective 1 June 2011 and David Moore effective 1 June 2013. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-02662 in Executive Session on 1 March 2011, 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-2010-02662 was considered: 

 

 Exhibit A. DD Form 149, dated 8 July 2010, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSI, dated 4 October 2010. 

 Exhibit D. Letter, SAF/MRBR, dated 15 October 2010. 

 

 

 Panel Chair 

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