RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00880 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be allowed to transfer her Post 9/11 GI Bill benefits to her 
dependents. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was not briefed or made aware that she had to transfer her GI 
benefits prior to retiring. 

 

In support of her appeal, the applicant provides copies of 
documents extracted from her military records, dependent birth 
certificates, extracts from the Department of Veterans Affairs 
(DVA), The Post 911 Veterans Educatonal Assistance Act and e-mail 
communiqué. 

 

Applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 12 Aug 85, she contracted her initial enlistment in the 
Regular Air Force. She was progressively promoted to the grade 
of Chief Master Sergeant having assumed the grade effective and 
with a date of rank of 1 Oct 04. She was retired on 1 Oct 09. 

 

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 prior to TEB’s 
activation, program information and guidance was made available 
through the Air Force Personnel Center (AFPC) and the DVA 
beginning early 2009. DPSIT also states a staff member from 
the Airman & Family Readiness Center (A&FRC) recalled an Apr 09 
conversation where the applicant discussed attending Transition 
Assistance Program (TAP) workshop on 1-3 Apr 09; however, her 
name does not appear on the list. Her DD Form 2648 supports 
her comment of attending the TAP workshop; yet she would not 
have received any Post-9/11 GI Bill information since the 
program did not exist at that time. The applicant was referred 
to the base Education Center and the DVA where she could have 
transferred her benefits while on terminal leave. The TEB was 
widely publicized in a myriad of ways making it difficult for 
individuals not to know how and where to transfer benefits. 

 

The complete HQ USAF/DPSIT evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 


APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states the Under Secretary of Defense required the 
Services to brief all personnel on active duty. She was on 
active duty, but just on terminal leave. She was not briefed, 
provided or had access to Air Force internal media or 
communication tools (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 (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 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. 

 

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

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

The applicant requests approval of her application based on the 
recommendation of the USAF/A1PA advisory (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 she 


was not timely made aware of her eligibility and the steps 
necessary to transfer her benefits to her dependents. In 
addition we find no basis to question the applicant's account in 
this matter and do not find it reasonable that she 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 she elected to transfer her 
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 
as indicated in the attached letter from AFPC/DPSIT within 
30 days. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-00880 in Executive Session on 5 Oct 10, 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 24 Feb 10, w/atchs. 

 Exhibit B. Letter, HQ AFPC/DPSIT, dated 7 May 10. 

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

 Exhibit D. Letter, Applicant, dated 26 May 10. 

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

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

 Exhibit G. Letter, Applicant, dated 12 Aug 10, w/atch. 

 

 

 

 

 

 Panel Chair