RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00140 

 INDEX CODE: 128.14 

 XXXXXXX COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His record be corrected to reflect he transferred his 
entitlement to educational benefits under the Post 9/11 GI Bill 
to his dependent. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was eligible to transfer his Post-9/11 GI Bill benefits to 
his dependent and made an attempt to do so prior to retiring on 
30 Sep 09. Because the system was not yet in place to do so, he 
was asked to try again at a later date. He retired shortly 
thereafter and can no longer access the necessary web site to 
make the transfer as he is no longer on active duty. He showed 
intent to transfer while still on active duty and should be 
allowed to do so. 

 

In support of his request, the applicant provides copies of his 
Post-911 GI Bill Certificate of Eligibility and various pieces 
of correspondence with the Department of Veterans Affairs 
related to the matter under review. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he was 
retired for length of service in the grade of colonel (O-6), 
effective 1 Oct 09. 

 

Post-9/11 GI Bill: Any member of the Armed Forces (active duty 
or Selected Reserve, officer or enlisted) who, on or after 
1 Aug 09, is eligible for the Post-9/11 GI Bill, and satisfies 
the following service requirements, is eligible to transfer 
their unused educational benefits to a qualifying dependent: 


• Has at least 6 years of service in the Armed Forces on the 
date of election and agrees to serve 4 additional years in 
the Armed Forces from the date of election. 


 

• Has at least 10 years of service in the Armed Forces 
(active duty and/or selected reserve) on the date of 
election, is precluded by either standard policy (service 
or DoD) or statute from committing to 4 additional years, 
and agrees to serve for the maximum amount of time allowed 
by such policy or statute, or 


 

• Is or becomes retirement eligible during the period from 
August 1, 2009, through August 1, 2013. A service member 
is considered to be retirement eligible if he or she has 
completed 20 years of active duty or 20 qualifying years of 
reserve service. 


 

• For those individuals eligible for retirement on 
August 1, 2009, no additional service is required. 




 

• For those individuals who have an approved retirement 
date after August 1, 2009, and before July 1, 2010, no 
additional service is required. 




 

• For those individuals eligible for retirement after 
August 1, 2009, and before August 1, 2010, 1 year of 
additional service after approval of transfer is 
required. 




 

• For those individuals eligible for retirement on or after 
August 1, 2010, and before August 1, 2011, 2 years of 
additional service after approval of transfer are 
required. 




 

• For those individuals eligible for retirement on or after 
August 1, 2011, and before August 1, 2012, 3 years of 
additional service after approval of transfer required. 




 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial, indicating that Title 38, United 
States Code (USC), Chapter 33, section 3319 (f)(1) states that 
“an individual...may transfer such entitlement only while 
serving as a member of the armed forces when the transfer is 
executed.” In discussing this issue with education counselors 
and education service officers, they conveyed that many service 
members did not realize that participating in the program 
required they do the transfer of benefits in the Transfer of 
Education Benefits (TEB) system while serving on active duty or 
in Selected Reserve status. 

 

 

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

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 21 May 10 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

HQ USAF/A1PA does not provide a recommendation. A1PA states 
that members may have had the impression that being on active 
duty or in the Selected Reserve on the effective date of the 
law, 1 Aug 09, was sufficient to “vest” them with the right to 
transfer benefits at some time in the future. Had those members 
sought clarification from an educational 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. However, the Board could find that there 
was an injustice if the members were on active duty on 1 Aug 09, 
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 Aug 09 and there would be no need to place the member 
on active duty since the TEB system allows for correction of the 
record by Air Force personnel. 

 

A complete copy of the AF/A1PA evaluation is at Exhibit E. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the additional Air Force evaluation was forwarded to 
the applicant on 2 Aug 10 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit F). 

 

________________________________________________________________ 

 

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 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 his 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. 

 

________________________________________________________________ 

 

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 30 September 2009 he elected to transfer his Post 
9/11 GI Bill Educational Benefits to a dependent, effective 
1 October 2009. 

 

 b. Transfer of Post 9/11 GI Bill Educational Benefits is 
contingent upon the completion of the necessary paperwork within 
30 days as indicated in the attached letter from AFPC/DPSIT. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-00140 in Executive Session on 5 Oct 10, under the 
provisions of AFI 36-2603: 

 

 XXXXXXXXXX, Panel Chair 

 XXXXXXXXXX, Member 

 XXXXXXXXXX, Member 

 

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

 

 Exhibit A. DD Form 149, dated 9 Jan 10, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 7 May 10. 

 Exhibit D. Letter, SAF/MRBR, dated 21 May 10. 

 Exhibit E. Letter, AF/A1PA, dated 30 Jul 10. 

 Exhibit F. Letter, SAF/MRBR, dated 2 Aug 10. 

 

 

 

 

 XXXXXXXXXX 

 Panel Chair