RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01180 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be allowed to transfer her Post-911 GI Bill benefits to her 
dependents. 

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was not briefed on the Transfer of Post-9/11 GI Bill Benefits 
to Dependents (TEB), prior to her retirement date of 31 Aug 09, 
which would have allowed her to transfer her benefits to her 
dependents. Her terminal leave started in Jun 09 which was prior 
to the Air Force having the process for transferring the benefits 
in place. She was also given inaccurate information from the 
Department of Veterans Affairs (DVA) office regarding this program. 

 

In support of her request, applicant provides a copy of her DD Form 
214, Certificate of Discharge or Release from Active Duty. 

 

Her complete submission, with attachment, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 3 Aug 89 and 
was progressively promoted to the grade of master sergeant (E-7), 
having assumed that grade effective and with a date of rank of 
1 Apr 06. She retired on 31 Aug 09 after serving 20 years and 
28 days on active duty. 

 

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 based on 
38 U.S.C., Chapter 33, section 3319(f)(1) which states “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 to deny the applicant’s request. DPSIT acknowledges 
in discussing this issue with education counselors they expressed 
that many service members thought they were eligible for the TEB as 
long as they were serving on active duty as of 1 Aug 09 and did not 
realize that participating in the program required they do the 
transfer of benefits while still serving on active duty or in a 
selective Reserve status. 

 

 

The DPSIT complete evaluation is at Exhibit C. 

 


___________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 21 May 10 for review and comment within 30 days. As of this 
date, this office has received no 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 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 taking 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 HQ USAF/A1PA complete evaluation is at Exhibit E. 

 

___________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 2 Aug 10 for review and comment within 30 days. As of this 
date, this office has received no 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 August 2009 she elected to transfer her Post 9/11 GI 
Bill Educational Benefits to her dependents, 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 AFBCMR Docket Number 
BC-2010-01180 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 for Docket Number was considered: 

 

 Exhibit A. DD Form 149, dated 11 Mar 10. 

 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, HQ USAF/A1PA, dated 30 Jul 10. 

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

 

 

 

 

 

 Panel Chair