RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01351 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to participate in the Transfer of Post-9/11 GI Bill 
Benefits to Dependents program. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He believes it is unjust for the Air Force to deny education 
benefits to his dependents because he failed to transfer this 
entitlement while on active duty. He would like to take 
advantage of this benefit authorized by the United States 
Congress. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was commissioned into the Regular Air Force on 
October 15, 1988 and was progressively promoted to the grade of 
lieutenant colonel, having assumed that grade effective and with 
a date of rank of November 1, 2004. He retired on October 1, 
2010 after serving 21 years, 5 months and 27 days 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. 




 

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained in 
the letter prepared by the appropriate office of the Air Force at 
Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIT recommends denial. DPSIT states 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 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 
can transfer their unused Post-9-11/GI benefits to their 
dependents. The Department of Defense (DoD) via DTM 09-003 
allowed a service member that had an approved retirement date 
after August 1, 2009 and before July 1, 2010 to participate in 
the transfer of benefits without incurring additional service 
obligation. Thirty-eight United States Code (USC) Chapter 33, 
Section 3319(f)(1), Directive Type Memo (DTM) 09-003 3.g.(1) and 
Air Force Instruction (AFI) 36-2306, required that the transfer 


of benefits be accomplished while serving as a member of the 
Armed Forces. 

 

DPSIT states the transfer of Education Benefits system began 
accepting applications as of June 27, 2009 with an effective date 
no earlier than August 1, 2009. 

 

DPSIT notes many service members thought they were eligible for 
the transfer as long as they were serving on active duty and did 
not realize that participating in the program required they do 
the transfer of education benefits (TEB) while serving on active 
duty or selective reserve status. 

 

The complete DPSIT evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states there has been both an injustice and a 
government error regarding his inability to transfer Post-9/11 GI 
Bill Education benefits for his family. His understanding prior 
to his retirement was a service member had to be on active duty 
on August 1, 2009, meet longevity requirements with an approved 
retirement date. 

 

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, August 1, 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 August 1, 
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 August 1, 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. 


 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on August 2, 2010, for review and comment within 30 days. As of 
this date, this office has received no response (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 an 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. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

_______________________________________________________________ 

 

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 August 31, 2009 he elected to transfer her Post 9/11 GI 
Bill Educational Benefits to a dependent, effective September 1, 
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 BC-2010-
01351 in Executive Session on October 5, 2010, under the 
provisions of AFI 36-2603: 

 

Panel Chair 

Member 

Member 

 

All members voted to correct the record. The following 
documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 6 Apr 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSIT, dated 7 May 10. 

 Exhibit D. Letter, SAF/MRBR, dated 14 May 10. 

 Exhibit E. Letter, Applicant, dated 13 Jun 10. 

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

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

 

 

 

 

 

 Panel Chair 


 

AFBCMR BC-2010-01351 

 

 

 

 

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 August 31, 2009, he elected to transfer his Post 9/11 GI Bill Educational 
Benefits to a dependent, effective September 1, 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: 

HQ AFPC/DPSIT Memorandum