RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
 
IN THE MATTER OF: DOCKET NUMBER:  BC-2010-01175 
  INDEX CODE:  107.00 
  COUNSEL: NONE 
 
  HEARING DESIRED:  NO 
 
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APPLICANT REQUESTS THAT: 
 
His records be corrected to allow him to transfer his Post-9/11 GI Bill benefits to his spouse. 
 
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APPLICANT CONTENDS THAT: 
 
He attempted to transfer education benefits (TEBs) to his wife while he was on terminal leave.  Months later he realized he had not received notification that his request was approved.  He believes that a system error occurred during the time he submitted his request to TEB. 
 
In support of the appeal, the applicant provides excerpts from his military personnel records. 
 
The applicant’s complete submission, with attachments, is at Exhibit A. 
 
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STATEMENT OF FACTS: 
 
The applicant enlisted into the Regular Air Force on 12 September 1984 and was progressively promoted to the grade of master sergeant.  He retired on 1 October 2009 after serving 25 years and 19 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. 
 
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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 their education benefits while serving on active duty or selective reserve status. 
 
The complete AFPC/DPSIT evaluation is at Exhibit C. 
 
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A copy of the Air Force evaluation was forwarded to the applicant on 14 May 2010, for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D). 
 
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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 take 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 E. 
 
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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 F). 
 
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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. 
 
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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. 
 
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The following members of the Board considered Docket Number BC-2010-01175 in Executive Session on 5 October 2010, under the provisions of AFI 36-2603: 
 
Mr. --------------, Panel Chair 
Mr. --------------, Member 
Mr. --------------, Member 
 
All members voted to correct the records, as recommended.  The following documentary evidence was considered: 
 
 Exhibit A. DD Form 149, dated 14 Mar 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, USAF/A1PA, dated 30 Jul 10. 
 Exhibit F. Letter, SAF/MRBR, dated 2 Aug 10. 
 
 
 
 
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 Panel Chair