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AF | BCMR | CY2011 | BC-2011-00820
Original file (BC-2011-00820.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00820 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His record be corrected to reflect he transferred his Post-9/11 
GI Bill benefits to his dependents. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The requirement to be on active duty to execute the transfer of 
educational benefits (TEB) was not adequately communicated to 
him. While he made his election for the Post-9/11 GI Bill 
versus the Montgomery GI Bill, he reasonably believed that, as 
with other GI Bill benefits, he could make the TEB within the 
time limits indicated in the VA Pamphlet 22-09-01, The Post-9/11 
Veterans Education Assistance Act of 2008. Although it does not 
refer to the Post-9/11 GI Bill, the VA pamphlet 21-00-1, A 
Summary of VA Benefits, also provided and listed extended 
eligibility timeframes for similar benefits. He was not aware 
of the requirement to be on active duty as indicated in the 
23 Jun 09 Office of the Secretary of Defense Type Memorandum 
(DTM) 09-003, Post-9/11 GI Bill. Additionally, this guidance 
was not available until he had departed on terminal leave and 
permissive temporary duty (TDY), well after his retirement 
counseling appointments. Had he been made aware of the 
requirement to make the TEB while still on active duty, he would 
have certainly done so. 

 

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; retirement orders; DD Form 2648, Pre-separation Counseling 
Checklist; AF Forms 988, Leave Request/Authorization; VA 
Transferability Fact Sheet; VA Pamphlets 21-00-1 and 22-09-1; 
DTM 09-003, Post-9/11 GI Bill; and Defense Enrollment 
Eligibility Reporting System (DEERS) Verification of Dependents. 

 

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

 

________________________________________________________________ 

 


STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he served on 
active duty from 19 Nov 89 though 30 Nov 09. On 1 Dec 09, he 
was retired for length of service in the grade lieutenant 
colonel (O-5) and was credited with 20 years and 12 days of 
total active service. 

 

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 Exhibits C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AF/A1PA indicates that both the Department of Defense (DoD) and 
Department of Veterans Affairs (DVA) widely publicized the Post-
9/11 GI Bill and the transferability feature. DoD developed a 
special website, hosted by the Defense Manpower Data Center 
(DMDC), to facilitate the transfer of education benefits (TEB). 
The website was operational on 27 Jun 09 for the purpose of 
accepting transfer of benefits applications. The published 
guidance at the time indicated the transfer must be made while 
the member is serving in the Armed Forces. The Air Force, in 
implementing its guidance, developed a comprehensive 
communication plan which included the use of internal media, 
internal communication tools, and external trade publications. 
There were various news articles about the program; most noted 
the requirement to be on duty on the 1 Aug 09 effective date to 
be eligible to transfer benefits. Notably, since 1 Aug 09, the 
Air Force approved over 41,000 transferability applications. 
Notwithstanding the above, the Board could find there was an 
injustice if a member was on active duty on 1 Aug 09, but did 
not receive counseling about the need to execute the TEB while 
serving in the Armed Forces and did not have ready access to 
published DoD and Air Force guidance at the time their terminal 
leave began. 

 

A complete copy of the AF/A1PA evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 13 May 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

________________________________________________________________ 

 

 

 


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 his 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 the APPLICANT be corrected to show that the 
transfer of his Post-9/11 GI Bill Educational Benefits will be 
executed in accordance with his expressed preferences contingent 
upon the completion of the necessary paperwork within 30 days. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00820 in Executive Session on 29 Jul 11, under 
the provisions of AFI 36-2603: 

 

 

 

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

 

 Exhibit A. DD Form 149, dated 22 Feb 11, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AF/A1PA, dated 28 Apr 11. 

 Exhibit D. Letter, SAF/MRBR, dated 13 May 11. 

 

 

 

 

 

 Panel Chair 



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