RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04133 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He made many attempts while he was on active duty to obtain 
information on the transfer of educational benefits. He was 
never counseled properly by military professionals and was given 
limited information that did not address ways to transfer 
educational benefits. 

 

During his tour in Germany, he researched information on the 
projected Post-9/11 GI Bill but information was limited. He 
asked counselors at the Ramstein Education Office for information 
about the program. He also kept abreast of information 
concerning the new GI Bill by reading the Air Force Times and 
looking at American Forces Network (AFN-American Television in 
Germany). 

 

In Jun 09, he received his retirement orders and started out-
processing, which included gathering information concerning the 
transferability of the Post-9/11 GI Bill educational benefits to 
his dependents. He had his degree and wanted to use the Bill to 
benefit his family. 

 

He took several steps to gather information on transferring 
educational benefits to the Post-9/11 GI Bill. 

 

-In Apr 09, he attended mandatory pre-separation counseling. He 
was told information for the Post-9/11 GI Bill was forthcoming. 

 

-From 21-23 Apr 09, he voluntarily attended the Transition 
Assistance Program (TAP). There was limited information about 
the Post-9/11 GI Bill and even less on transferring educational 
benefits. 

 

-In May 09, he extended his stay in Germany due to undermanning 
in his shop. 

 

-In Early Jun 09, he requested updated information from the 
Education Office, and was given “The Post-9/11 Veterans 


Educational Assistance Act of 2008” Pamphlet. The pamphlet 
discussed the transfer of benefits, but failed to indicate that 
the service member had to transfer benefits while on active duty. 

 

-During out-processing, he asked several times for information on 
how to transfer benefits, but was given limited information. 
Nowhere in preparing forms such as the DD Form 214, Certificate 
of Release or Discharge from Active Duty, was his preference for 
the Post-9/11 GI Bill asked or any information regarding the 
transfer of benefits relayed by out-processing experts. 

 

-At the end of Jul 09, he had to turn in his military 
identification (ID) card into the Pass and ID office. This was a 
crucial step, because he unknowingly also turned in his 
opportunity to transfer his educational benefits to his wife and 
dependent children. 

 

-On 21 and 22 Oct 09, he and his wife visited Dyess AFB, to get 
new information regarding the transferability of the GI Bill. He 
mentioned to the representative that he had a retirement date of 
1 Nov 09, and although she gave quite a bit of information, she 
did not specify anything about accessing the Transfer of 
Educational Benefits (TEB) and certainly not completing this step 
while still on active duty. 

 

His intent all along was to transfer his benefits mostly because 
he has already reached his academic goals. 

 

In support of his request, the applicant provides a personal 
statement, copies of his Diploma Letter, his daughter’s resume, 
DD Form 2648, Preseparation Counseling Checklist for Active 
Component Service Members, a Post-9/11 Veterans Pamphlet, an 
Outprocessing Checklist, a Mandatory Documents/Action List, an 
email, his daughters acceptance letters, and a Timeline. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired in the grade of senior master sergeant 
effective 31 Oct 09 after serving 26 years of active duty 
service. 

 

Post-9/11 GI Bill: Any member of the Armed Forces (active duty 
or Selected Reserve (SelRes), officer or enlisted) on or after 
1 Aug 09, 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 SelRes 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 
1 Aug 09 through 1 Aug 13. 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 1 Aug 
09, no additional service is required. 


 

• For those individuals who have an approved retirement 
date after 1 Aug 09, and before 1 Jul 10, no additional 
service is required. 


 

• For those individuals eligible for retirement after 
1 Aug 09, and before 1 Aug 10, 1 year of additional 
service after approval of transfer is required. 


 

• For those individuals eligible for retirement on or 
after 1 Aug 10, and before 1 Aug 11, 2 years of 
additional service after approval of transfer are 
required. 


 

• For those individuals eligible for retirement on or 
after 1 Aug 11, and before 1 Aug 12, 3 years of 
additional service after approval of transfer are 
required. 


 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSI makes no recommendation. DPSI states the Secretary of 
the Air Force is required by law to provide members with 
information regarding the Post-9/11 GI Bill. However, the Air 
Force did not engage in a Service-wide effort to seek out members 
who were already on terminal leave, or who had already completed 
their pre-separation counseling, in order to provide them with 
additional counseling on the Post-9/11 GI Bill. 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. 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 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 complete DPSI evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

 

On 1 Apr 11, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. To date, a 
response has not been received (Exhibit C). 

 

_________________________________________________________________ 

 

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 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 for his dependents. 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 on 31 October 
2009 he elected to transfer his Post 9/11 GI Bill Educational 
Benefits in accordance with his expressed preferences as 
indicated in the attached AFPC/DPSIT Memorandum. 

 

_________________________________________________________________ 


 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-041331 in Executive Session on 4 Aug 11, 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 22 Oct 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPSI, dated 4 Mar 11. 

 Exhibit C. Letter, SAF/MRBR, dated 1 Apr 11. 

 

 

 

 

 

 Panel Chair