RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00765 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to allow him to transfer his Post-9/11 
GI Bill benefits to his eligible dependents. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Due to an error in processing his original application for the 
Post-9/11 GI Bill, and the slow appeal process to correct that 
error, he did not receive his certificate of eligibility until 
after he reverted back to retired status on 1 September 2009. He 
tried several times to transfer the benefits to his dependents 
before retirement, but was informed that he needed to wait for 
his certificate of eligibility to be processed before the 
transfer of benefits to his dependents could occur. 

 

In support of the appeal, the applicant provides a personal 
statement, excerpts from his military personnel records, a letter 
of denial of Post-9/11 GI Bill benefits, and other documentation 
related to his request. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was commissioned a second lieutenant in the Regular 
Air Force on 28 May 1980 and was progressively promoted to the 
grade of lieutenant colonel. He retired on 1 July 2000 after 
serving 20 years, 1 month, and 3 days of active service. On 
12 September 2002 he was recalled to active duty and served until 
31 August 2009. He was reverted back to retired status on 
1 September 2009. 

 




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 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 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 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 20 years of active duty or 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 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 
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, 3 years of additional 
service after approval of transfer is required. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT states that since Title 38 
USC, Chapter, 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.” they can only 
recommend denial. 

 

DPSIT states that prior to the transfer of benefits activation, 
program information and guidance was made available through the 
Air Force Personnel Center (AFPC), the Department of Veterans 
Affairs (DVA), and the services to make sure that every eligible 
servicemen understood the process for transferring benefits. 

 

DPSIT indicates that in discussing this issue with education 
counselors and education service officers, they 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 
they transfer their education benefits while serving on active 
duty or selective reserve status. 

 

The complete AFPC/DPSIT evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He is concerned that AFPC/DPSIT did not thoroughly review his 
package before preparing the advisory opinion and is confident 
the Board will see the facts clearly and recommend his request be 
granted. Due to errors and delays made by several government 
agencies his claim was not processed before he retired, and he 
had no way to transfer the benefits to his dependents in the 
method stated in Title 38 USC, Chapter 33, section 3319(f)(1). 

 

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 Department of Defense (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 complete HQ USAF/A1PA evaluation is at Exhibit F. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

Due to errors and delays made by several government agencies his 
claim was not processed before he retired, and he had no method 
to transfer the benefits to his dependents in the method stated 
in 38 USC, Chapter 33, section 33 19 (f) (1). He requires the 
Board's action to rectify this injustice, transfer his Post-911 
dependent benefits, and retroactively provide education benefits 
incurred for his son during the 2009-2010 college year. 

 

The 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

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 31 August 2009 he elected to transfer his Post-9/11 
GI Bill Educational Benefits to a dependent, 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 letter from AFPC/DPSIT within 30 days. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number BC-
2010-00765 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: 

 

 Exhibit A. DD Form 149, dated 21 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, dated 20 May 10. 

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

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

 Exhibit H. Letter, Applicant, dated 15 Aug 10. 

 

 

 

 Panel Chair