RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01151 

 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 an eligible dependent. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

When he started terminal leave on 26 June 2009, there were no 
procedures established to transfer Post-9/11 benefits. 
Information about transfer of benefits (TEBs) was incomplete when 
he left his active duty station, and had he been on duty when the 
application process was released, he would have applied for TEBs 
before he retired. 

 

In support of the appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from active 
Duty. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was commissioned a second lieutenant in the Regular 
Air Force on 19 April 1989, and was progressively promoted to the 
grade of lieutenant colonel. He retired in that grade on 
1 October 2009, after serving 20 years, 5 months, and 12 days of 
active service. 

 

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 TEB’s 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 the 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: 

 

At the time he began terminal leave, the Air Force had not 
published policy on TEBs to dependents. However, information 
available prior to the July policy release indicated he would be 
eligible for the new benefits as long as he was still on active 
duty on 1 August 2009. There was no indication that TEB to 
dependents would be restricted to those who filled out the 
application while still on active duty. The information 
available prior to the July policy release indicated he would be 
eligible for the TEBs as long he was still on active duty on 
1 August 2009. Had he been notified of the new policy, he would 
have completed the required documents to TEB to his dependents. 

 

The applicant’s complete response, with attachments, 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: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 2 August 2010, 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 not 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 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-
2010-01151 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 5 Mar 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 31 May 10, w/atchs. 

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

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

 

 

 

 

 

 

 Panel Chair