RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01291 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

He be entitled to transfer his Post 9/11 GI Bill benefits to his 
dependents. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He was provided incomplete and incorrect information about 
enrollment in the new Post 9/11 GI Bill and transferring his 
education benefits to his dependents. He discovered after 
retirement, that although he enrolled in the program while on 
active duty, he did not elect to transfer benefits. In good 
faith, he acted on this information while on active duty. 

 

He believes because he enrolled in the program utilizing the 
Department of Veterans Affairs (DVA) website rather than the 
Department of Defense (DoD) website, he missed the opportunity 
to request the transfer of education benefits (TEB) to his 
dependents. 

 

In support of his appeal, the applicant provides copies of 
information surrounding his retirement, including retirement 
orders, pre-separation checklists; copies of DVA enrollment and 
eligibility forms, and other supporting documents. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered active duty on 26 Oct 84. He was relieved 
from active duty under the provisions of AFI 36-3203, on 
30 Sep 09, with a reason for separation of voluntary retirement: 
sufficient service for retirement. He retired on 1 Oct 09 after 
serving over 24 years on active duty. 

 

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. DPSIDR states every effort was 
made by the DoD, the Department of Veteran Affairs (VA), and the 
services to make sure that every eligible service member 
understood the process for transferring benefits. The transfer 
of education benefits system began accepting applications as of 
27 June 2009 with an effective date no earlier than 1 August 
2009. Many service members understood that the law only 
required that one be on active duty or in the selective Reserve 
as of 1 August 2009. 

 

The complete AFPC/DPSIT evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 


 

The applicant indicates that he was aware of the TEB’s 
requirement to transfer benefits while on active duty. However, 
he believed the TEB was a part of the enrollment in the Post 
9/11 GI Bill website on both the DoD website as well as the DVA 
website. While still on active duty he enrolled in the program 
and believed this process also initiated the process to transfer 
education benefits to his dependents. 

 

The applicant’s complete response 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 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 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 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 F. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE 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, 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 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 all of 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 30 September 2009, he elected to transfer his Post 
9/11 GI Bill Educational Benefits to his dependents, 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 AFPC/DPSIT Memorandum, within 30 days. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-01291 in Executive Session on 5 October 2010, 
under the provisions of AFI 36-2603: 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 25 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 14 May 10. 

 Exhibit E. Letter, Applicant, dated 6 Jun 10. 

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

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

 

 

 

 

 Panel Chair 


AFBCMR BC-2010-01291 

 

 

 

 

MEMORANDUM FOR THE CHIEF OF STAFF 

 

 Having received and considered the recommendation of the Air Force Board for 
Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code (70A Stat 116), it is directed 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, he elected to transfer his Post 9/11 GI Bill Educational 
Benefits to his dependents, 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 AFPC/DPSIT 
Memorandum, within 30 days. 

 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency 

 

Attachment: 

Letter , AFPC/DPSIT