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AF | BCMR | CY2010 | BC-2010-02330
Original file (BC-2010-02330.txt) Auto-classification: Approved
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02330 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be allowed to transfer her Post 9/11 GI Bill benefits to her 
dependent. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was on terminal leave from 15 June 2009 to 30 September 
2009 when the program had initiated. She learned of the program 
after she retired. While attending the VA she inquired about the 
program and was told she had to be on active duty to participate. 
She was not aware of or briefed that the transfer of benefits had 
to take place while serving on active duty. 

 

In support of her request, the applicant provides Retirement 
Order AC-000238, Post 9/11 Fact Sheet, VA Form 28-8606, Notes 
from Counseling and Next Steps, and AF IMT 988, Leave 
Request/Authorizations. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was relieved from active duty on 30 September 
2009 and retired from the Air Force on 1 October 2009, having 
served 20 years 6 months and 21 days on active duty. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSI makes no recommendation. DPSI states members may have 
had the impression that being on active duty or in the Selective 
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 education 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. 

 

The Board could find that there was an injustice if the members 
were on active duty 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 
Transfer of Educational Benefits (TEB) system allows for 
correction of the record by Air Force personnel. 

 

The DPSI complete evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 15 October 2010, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D). 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 she elected to 
transfer her Post 9/11 GI Bill Educational Benefits to , 
effective 1 August 2010. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-02330 in Executive Session on 1 March 2011, under 
the provisions of AFI 36-2603: 

 

 

 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2010-02330 was considered: 

 

 Exhibit A. DD Form 149, dated 29 June 2010, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSI, dated 4 October 2010. 

 Exhibit D. Letter, SAF/MRBR, dated 15 October 2010. 

 

 

 

 

 

 Panel Chair 



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