RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00385 

 INDEX CODE: 100.00 

 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 never made aware that his change in status from active to 
retired military would forfeit his right to provide GI Bill 
benefits to his family. 

 

In support of his request, the applicant provides a personal 
statement and his DD Form 214, Certificate of Release or 
Discharge from Active Duty. 

 

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 26 
years 5 months and 1 day on active duty. 

 

Post-9/11 GI Bill: Any member of the Armed Forces (active duty 
or Selected Reserve, officer or enlisted) on or after August 1, 
2009, who is eligible for the Post-9/11 GI Bill, and: 

 

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. DPSIT states that every effort was 
made by the DoD, the Department of Veteran Affairs (VA), and the 
services to make sure that every eligible service member 
understood the process for transferring benefits. The transfer 
of education benefits system began accepting applications as of 
27 June 2009 with an effective date no earlier than 1 August 
2009. Many service members understood that the law only required 
that one be on active duty or in the selective Reserve as of 1 
August 2009. 

 

In discussing this issue with education counselors, education 
service officers, many service members thought they were eligible 
for the transfer as long as they were serving on active duty as 
of 1 August 2009 and did not realize that participating in the 
program required they do the transfer of benefits in TEB while 
serving on active duty or selective reserve status. 

 

The DPSIT complete evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant reviewed the evaluation and states his final active 
duty assignment ended on 29 May 2009. He immediately began 


terminal leave status until beginning a civilian job in August 
2009. His terminal leave status and absence from active military 
status precluded exposure to all Air Force guidance and 
information outlined above. At no point was he made aware that 
applying for the Post 9/11 GI Bill did not coincide with the 
right to transfer benefits to his dependents in the future. On 
1 September 2009, he unknowingly forfeited this privilege. 

 

The applicant’s complete response is at Exhibit E. 

 

_________________________________________________________________ 

 

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 (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 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 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 TEB system allows for correction 
of the record by Air Force personnel. 

 

The A1PA complete evaluation is at Exhibit F. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states although he meets all eligibility 
requirements and has signed up for the Post 9/11 GI Bill, he was 
never made aware that his change in status from active to retired 
military would forfeit his right to provide this benefit to his 
family. Had such counseling occurred or had he been aware of the 
requirement through DoD or Air Force guidance while on terminal 
leave status, he would have immediately established this benefit 
so as to preclude forfeiture of this right. 

 

Applicant’s complete response is at Exhibit H. 

 

_________________________________________________________________ 

 


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 issue(s) 
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: 

 

 a. On 31 August 2009, he elected to transfer his Post 9/11 
GI Bill Educational Benefits to his dependents, effective 
1 September 2009. 

 

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

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-00385 in Executive Session on 5 October 2010, 
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-2010-00385 was considered: 

 

 Exhibit A. DD Form 149, dated 24 January 2010, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 7 May 2010. 

 Exhibit D. Letter, SAF/MRBR, dated 21 May 2010. 

 Exhibit E. Letter, Applicant, dated 11 June 2010. 

 Exhibit F. Letter, AF/A1PA, dated 30 July 2010. 

 Exhibit G. Letter, SAF/MRBR, dated 2 August 2010. 

 Exhibit H. Letter, Applicant, dated 20 August 2010. 

 

 

 

 

 

 Panel Chair