RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00917 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her records be corrected to allow her to transfer her Post 9/11 
GI Bill benefits to her dependents. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was not given proper counseling on the requirements for 
transferring her benefits prior to her retirement. 

 

She would have extended her retirement or reenlisted had she been 
told she needed to be on active duty to qualify for the program. 

 

In support of her request, the applicant provides copies of a 
letter from the Department of Veterans Affairs, an Application 
for Uniformed Services Identification Card DEERS Enrollment Form, 
and a Napa Valley College verification letter. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Available records retrieved from the Military Personnel Data 
System (MilPDS) reflect the applicant retired on 1 January 2010. 

 

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: 

 

HQ AFRC/A1K recommends denial since 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 transfer of benefits based on the evidence the individual 
provides, the Department of Defense (DoD) has provided the 
Service with the tools to correct any possible government error 
or injustice in favor of the applicant. 

 

The complete HQ AFRC/A1K evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 


APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 4 June 2010 for review and comment within 30 days (Exhibit C). 
As of this date, this office has not received a response. 

 

_________________________________________________________________ 

 

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 complete HQ USAF/A1PA evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the additional Air Force evaluation was forwarded to 
the applicant on 4 August 2010 for review and comment within 
30 days (Exhibit E). As of this date, this office has not 
received a 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 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 31 December 2009, she elected to transfer her Post 
9/11 GI Bill Educational Benefits to her dependents, effective 
1 January 2010. 

 

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

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-00917 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 1 Mar 10, w/atchs. 

 Exhibit B. Letter, HQ AFRC/A1K, dated 16 May 10. 

 Exhibit C. Letter, SAF/MRBR, dated 4 Jun 10. 

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

 Exhibit E. Letter, SAF/MRBR, dated 4 Aug 10. 

 

 

 

 

 

 Panel Chair