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AF | BCMR | CY2010 | BC-2010-03549
Original file (BC-2010-03549.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03549 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He retired on 30 September 2009. He attended a comprehensive 
Transition Assistance Program (TAP) at the United States Air 
Force Academy in June/July 2009. During that time, the 
information regarding the GI Bill was all speculative and not 
finalized. He was on terminal leave the majority of August and 
September 2009 and had no access to updated official information 
because he was forced to turn in his common access card (CAC). 
All calls to the Department of Veterans Affairs (DVA) stated 
that they were waiting for implementation instructions for the 
Post 9/11 education benefits. 

 

In support of his request, the applicant provides a service 
letter and a copy of his retirement orders. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 1 October 2009, the applicant was relieved from active duty 
and reverted to the retired list in the grade of lieutenant 
colonel. 

 

_________________________________________________________________ 

 

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 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 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 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 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 DPSI evaluation, with attachments, is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states the Air Force should have made a good faith 
effort to seek out members who were already on terminal leave or 
who had already completed their pre-separation counseling. He 
request the Board comply with the spirit and intent of Chapter 
33, Title 33, USC, Post 9/11 GI Bill and correct this injustice. 

 

The applicant’s complete response is at Exhibit E. 

 

_________________________________________________________________ 

 

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 his 
dependent, effective 30 September 2009. 

 

_______________________________________________________________ 

 

The following members of the Board considered AFBCMR BC-2010-
03549 in Executive Session on 11 April 2011, under the provisions 
of AFI 36-2603: 

 

Panel Chair 

Member 

Member 

 

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

 

 Exhibit A. DD Form 149, dated 24 Sep 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSI, dated 8 Dec 10. 

 Exhibit D. Letter, SAF/MRBR, dated 14 Jan 11. 

 Exhibit E. Letter, Applicant, dated 7 Feb 11. 

 

 

 

 

 

 Panel Chair 


AFBCMR BC-2010-03549 

 

 

 

 

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 he elected to transfer his Post 9/11 GI Bill Educational Benefits to, 
effective 30 September 2009. 

 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency 

 



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