RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00682 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to transfer his Post-9/11 GI benefits to his 
dependants. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His Military Personnel Flight or Education Office did not inform 
him that he was eligible to transfer his benefits from the 
Montgomery GI Bill (MGIB) to the Post 9/11 GI Bill while he was 
still on active duty. This was because the Department of Defense 
(DoD) policy (DTM 09-003) was not published until nearly two 
weeks after he departed on terminal in June 2009 from his last 
duty station. Had he known this was a requirement, he would have 
requested the Transfer of Education Benefits (TEB) before 
1 October 2009. 

 

In support of his appeal, the applicant provides a personal 
statement and copies of his terminal leave form, his retirement 
order, DoD Memorandum DTM 09-003, Personnel Services Delivery 
Guide, Post 9/11 GI Bill TEB Field Tutorial, Post 9/11 GI Bill 
statement of understanding, and “Ask AFPC” email correspondence. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
entered active duty on 17 November 1986. He was progressively 
promoted to the grade of senior master sergeant (SMSgt) (E-8) 
effective 1 December 2006. He was honorably discharged from 
active duty on 30 September 2009 and retired effective 1 October 
2009 in the grade of SMSgt. He served 22 years, 10 months, and 
14 days 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 1 August 
2009, who is eligible for the Post-9/11 GI Bill, and: 

 


Has at least six (6) 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. 

 

Has at least ten (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 four (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 
1 August 2009, through 1 August 2013. A service member is 
considered to be retirement eligible if he or she has completed 
twenty (20) years of active duty or twenty (20) qualifying years 
of reserve service. 

 

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

 

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

 

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

 

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

 

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

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT states that prior to the 
TEB’s activation, program information and guidance was made 
available through the Air Force Personnel Center (AFPC) and the 
Department of Veterans Affairs (DVA) beginning early 2009. Every 
effort was made by DoD, DVA, and the services to make sure every 
eligible servicemember understood the process for transferring 
benefits. The TEB system began accepting applications as of 
27 June 2009 with an effective date no earlier than 1 August 
2009. Many servicemembers understood the law only required that 
one needed to be on active duty or in the Selected Reserve as of 
1 August 2009. In discussing this issue with education 
counselors and education service officers, it was conveyed that 
many servicemembers 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 
that they complete the transfer of benefits while serving on 
active duty or in Selected Reserve status. Title 38, United 
States Code, Chapter 33, Section 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.” However, if the 
Board deems it appropriate to allow the individual to participate 
in the TEB based on the evidence the individual provides, DoD has 
provided the Services with the tools to correct any possible 
government error or injustice in favor of the applicant. 

 

The complete DPSIT evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The advisory opinion does not address any of his issues he raised 
in his application. He feels these issues are the crux of the 
entire matter. When he departed his last duty station on 
terminal leave, he never received any information that he needed 
to make the TEB transfer while on active duty. The Post 9/11 GI 
Bill is the primary reason he elected to retire when he did. It 
is his hope the Board will objectively consider his situation and 
the facts he has presented to make an informed decision. Had he 
known that transferring his education benefits had to be 
accomplished while he was still on active duty, he would have 
complied. He departed his last duty station (Japan) on 13 June 
2009 and did not retire until 1 October 2009. He had plenty of 
time to apply had he known of this requirement. 

 

The applicant’s complete rebuttal 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 had 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 complete HQ USAF/A1PA evaluation is at Exhibit F. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the HQ USAF/A1PA evaluation was forwarded to the 
applicant on 2 August 2010, for review and comment within 30 days 
(Exhibit G). 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. 

 

______________________________________________________________ 

 

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 his dependents, effective 
1 October 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-2010-00682 in Executive Session on 5 October 2010, 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 for AFBCMR Docket 
Number BC-2010-00682: 

 

 Exhibit A. DD Form 149, dated 17 Feb 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 14 May 10. 

 Exhibit E. Letter, Applicant, 21 May 10. 

 Exhibit F. Letter, HQ USAF/A1PA, dated 30 Jul 10. 

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

 

 

 

 

Panel Chair