RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00415 

 INDEX CODE: 128.00 

 

  COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He was not aware or properly briefed that his benefits had to be 
transferred while on active duty. During the time that he was 
attending his separation briefings, no information was available 
on the requirements for transferring benefits to dependents; 
specifically, the need to complete the transfer while on active 
duty. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered active duty on 10 Apr 89. He was relieved 
from active duty, on 31 Oct 09, with a reason for separation of 
voluntary retirement: sufficient service for retirement. He 
retired on 1 Nov 09 after serving over 21 years 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. DPSIDR states 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. 

 

The complete AFPC/DPSIT evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant gave a timeline of the events surrounding his 
retirement from the Air Force and the lack of information 
concerning the TEB during that time. He has eligible dependents 
and would like to take advantage of this entitlement. The 
Nellis AFB Education office provided a letter of explanation 
indicating the applicant was not briefed in details on the TEB 
while on active duty. 

 


The applicant’s complete response, with attachment, 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 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 take 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. 

 

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

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the 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 G). 

 

________________________________________________________________ 

 

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 October 2009, he elected to transfer his Post 9/11 
GI Bill Educational Benefits to his dependents, effective 
1 November 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-2010-00415 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 was considered: 

 

 Exhibit A. DD Form 149, dated 28 Jan 10, w/atch. 

 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, Applicant, dated 7 Jun 10. 

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

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

 

 

 

 

 Panel Chair