Search Decisions

Decision Text

AF | BCMR | CY2010 | BC-2010-02833
Original file (BC-2010-02833.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02833 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The required forms were completed prior his departure from his 
last duty station. However, his dependents have never shown up 
in the Department of Veterans Affairs (DVA) system. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 26 Sep 88, the applicant entered the Regular Air Force and 
was progressively promoted to the grade of master sergeant. He 
was retired on 1 Oct 09. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSI recommends denial. DPSI states service 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 
Department of Defense 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. 

 

DPSI notes the Board could find that there was an injustice if 
the service 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 service member on 
active duty since the Transfer of Educational Benefits (TEB) 
system allows for correction of the record by Air Force 
personnel. 

 

The complete HQ AFPC/DPSI evaluation with attachments is at 
Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 15 Oct 10 for review and comment within 30 days 
(Exhibit D). As of this date, this office has not received a 
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 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. 

 

_________________________________________________________________ 

 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that he elected 
to transfer his Post 9/11 GI Bill Educational Benefits to XXXX 
and XXXX, effective 1 September 2010. 

 

_________________________________________________________________ 

 


The following members of the Board considered AFBCMR Docket 
Number BC-2010-02833 in Executive Session on 1 March 2011, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

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

 

 Exhibit A. DD Form 149, dated 29 Apr 10, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSI, dated 4 Oct 10. 

 Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10. 

 

 

 

 

 Panel Chair 

 



Similar Decisions

  • AF | BCMR | CY2010 | BC-2010-01680

    Original file (BC-2010-01680.txt) Auto-classification: Approved

    DPSI notes the Board could find that there was an injustice if the service 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 service member on active duty since the Transfer of Educational Benefits...

  • AF | BCMR | CY2011 | BC-2010-02292

    Original file (BC-2010-02292.doc) Auto-classification: Approved

    DPSI notes the Board could find there was an injustice if the service 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 due to 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 service member on active duty since the Transfer of Educational Benefits (TEB) system...

  • AF | BCMR | CY2011 | BC-2010-02285

    Original file (BC-2010-02285.doc) Auto-classification: Approved

    If those service members had 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 a timely decision before their separation or retirement, they could have initiated a timely transfer of benefits. The complete HQ USAF/DPSIT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the...

  • AF | BCMR | CY2010 | BC-2010-02100

    Original file (BC-2010-02100.txt) Auto-classification: Approved

    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. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted copies of his retirement terminal leave and permissive TDY requests The applicant’s complete submission, with attachments, is at Exhibit...

  • AF | BCMR | CY2010 | BC-2010-04133

    Original file (BC-2010-04133.txt) Auto-classification: Approved

    He took several steps to gather information on transferring educational benefits to the Post-9/11 GI Bill. There was limited information about the Post-9/11 GI Bill and even less on transferring educational benefits. Members may have had the impression that being on active duty or in the 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.

  • AF | BCMR | CY2010 | BC 2010 02658

    Original file (BC 2010 02658.txt) Auto-classification: Approved

    However, he was not notified of this requirement as the program was “new and still developing.” He is entitled the Post- 9/11 GI Bill because he met the requirement of being on active duty as of 1 Aug 09 and applied for eligibility prior to his retirement effective date of 1 Sep 09. Therefore, 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...

  • AF | BCMR | CY2011 | BC-2010-01966

    Original file (BC-2010-01966.docx) Auto-classification: Approved

    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. 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. The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 30 September 2009 he elected to transfer his Post 9/11 GI...

  • AF | BCMR | CY2011 | BC-2010-02702

    Original file (BC-2010-02702.docx) Auto-classification: Approved

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 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. 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.

  • AF | BCMR | CY2011 | BC-2010-03484

    Original file (BC-2010-03484.doc) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSI recommends denial and states that service members may have had the notion that being on active duty or in the Selected Reserve (SELRES) on the effective date of the law, 1 Aug 09, was enough to “vest” them with the right to...

  • AF | BCMR | CY2011 | BC-2010-02531

    Original file (BC-2010-02531.docx) Auto-classification: Approved

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 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. Exhibit B. Applicant’s Master Personnel Records.