RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03776 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

He be entitled to the Post 9/11 GI Bill educational benefits. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He recently found that similar requests are being made due to 
the fact that proper notification was not made to the military 
member for those retiring on or after 1 Aug 2009. During this 
period, he was on terminal 1eave beginning in April of 2009 and 
most certainly would have taken advantage of the ability to 
transfer benefits but was initially told during out-processing 
that he would be retired prior to the effective date and would 
not be eligible. 

 

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, issued in conjunction with his 31 Jul 09. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was relieved from active duty, on 31 Jul 09, with 
a reason for separation of Voluntary Retirement: Sufficient 
Service for Retirement. 

 

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 a specified additional 
period 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 Department 
of Defense (DoD)) or statute from committing to 
four 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/DPSIT recommends denial, stating, in part, that the 
applicant's last day on active duty was 31 Jul 09. The Post 
9/11 GI Bill Transfer of Education Benefit (TEB) program was 
effective 1 Aug 09. He provides no evidence of error or 
injustice on the part of the USAF. The USAF afforded the 
opportunity to extend 30 days to those airmen with a retirement 
date of 31 July 09. 

 

For the first time in history, servicemembers enrolled in 
38 U.S.C., Chapter 33 (Post-9/11 Educational Assistance), are 
able to transfer unused educational benefits to their dependent 
spouses or children. Any member of the Armed Forces, active 
duty or Selected Reserve, officer or enlisted, on or after 
1 Aug 09, who is eligible for the Post-9/11 GI Bill, has at 
least 6 years of service in the Armed Forces on the date of 


election, and agrees to serve a specified additional period in 
the Armed Forces from the date of election (if applicable), may 
transfer unused Post-9/11 benefits to their dependents pursuant 
to service regulations (38 U.S.C.3319(b)(1)). The Department of 
Defense (DoD) issued a regulation, Directive Type Memo (DTM) 09-
003 (reissued 10 Sep 10), that authorized the Military 
Departments to offer servicemembers the option to transfer 
benefits. The Secretary of the Air Force determined that the 
Air Force would offer the transfer of benefits feature. The 
transfer must be initiated while the member is serving in the 
Armed Forces, which is defined as limited to those on active 
duty or in the Selected Reserve (38 U.S.C. § 3319(f)(1); DTM 09-
003, Attachment 2(3)(g)(1) (reissued Sep 10,2010); and AFI 36-
2306, Attachment 9, paragraph A9.l8. 

 

The Air Force, in implementing its guidance, developed a 
communication plan that used the Air Force Personnel Center 
Commander and the Education and Training Section at each 
installation to serve as spokespersons to communicate the Post-
9/11 GI Bill transfer-to-dependent program using internal media, 
internal communication tools, and external trade publications. 
There were various news articles about the Post-9/11 GI Bill to 
be eligible to transfer benefits. Notably, since 1 August 2009, 
the Air Force approved over 50,000 transferability applications. 

 

The Department of Veterans Affairs (DVA), the DoD and the 
Military Services widely publicized the Post-9/11 GI Bill and 
the transferability feature. DoD developed a special website, 
hosted by Defense Manpower Data Center (DMDC), to facilitate the 
transfer of educational benefits. The website system was 
operational on 27 June 2009 for the purpose of accepting 
transfer of benefits applications. The DTM and Air Force 
Instruction state the transfer must be made while the member is 
serving in the Armed Forces. Both documents were published on 
government-hosted websites prior to 1 Aug 09, the effective date 
of the Post-9/11 GI Bill. 

 

The complete AFPC/DPSIT evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant reiterates that he began terminal leave in Apr 09. 
While on terminal leave there were opportunities afforded 
members currently on terminal leave to extend their retirement 
effective date an additional 30 days in order to qualify for the 
Post 9/11 GI Bill benefit. 

 

He notes the advisory goes into great detail outlining the 
various tools used and measures taken to advertise the benefit. 
It also states several times that the member must be on active 
duty on 1 Aug 11 (sic) to qualify for the benefit. However, the 
Air Force did not engage in a Service-wide effort to seek out 


members who were already on terminal leave. The response went 
on to state the AFPC and Education & Training sections at each 
installation were to serve as spokespersons to communicate the 
Post 9/11 GI Bill transfer-to-dependent program using internal 
media, internal communication tools and external trade 
publications. The Air Force, admittedly, did not make an effort 
to seek out members already on terminal leave. The task of 
reaching those members was left up to local installations. The 
fact that a member was on terminal leave should not negate the 
need for valid Air Force instructions to be followed. 
Additionally, while on terminal leave, he had no access to internal media or internal communications. 

 

All of that being said, the most compelling argument for his 
particular situation is contained in the final one-sentence 
explanation of the recommendation letter which states, "The USAF 
afforded the opportunity to extend 30 days to those airmen with 
a retirement date of 31 Jul 09". The Air Force can produce no 
evidence that he was afforded that opportunity. In closing, he 
feels that he was not properly notified of the option to extend 
his retirement effective date as other members. The AFPC and 
Education & Training sections at McGuire Air Force Base failed 
to provide any such information to him despite having a valid 
mailing address and telephone number on record. There was no 
evidence of this opportunity being offered, declined or accepted 
on his part. Others had been afforded this opportunity and were 
afforded the chance to make a choice. He was not. 

 

Having served proudly for 22 years in the nation's Air Force, he 
feels uncomfortable putting this request to paper and "fighting" 
to receive this benefit. However, it is for the same 22 years 
of service he feels he should be afforded the same opportunity 
as his fellow service members have been given. 

 

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 warranting 
corrective action regarding the applicant’s Transfer of 
Educational Benefits. We note the comments of the Air Force 
office of primary responsibility; nonetheless, based on the 
evidence of record and that provided by the applicant, we find 
it reasonable to believe that had the applicant been properly 
briefed on the extension requirements for his entitlement to the 
benefits of the TEB, he would have requested the one-month 


extension needed. Since Air Force members similarly situated to 
the applicant were provided the opportunity to extend their 
service solely to qualify to transfer their benefits, we find 
the evidence provided sufficient to resolve any doubt in favor 
of the applicant and believe it is in the interest of justice to 
grant the requested relief. Therefore, based on the evidence 
presented, we recommend the applicant’s record 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: 

 

 a. On 31 July 2009, he was not relieved from active duty, 
but was continued until 31 August 2009. 

 

 b. On 1 August 2009, he elected to transfer his Post 9/11 
GI Bill Educational Benefits to a dependent effective 
31 August 2009. 

 

 c. On 31 August 2009, he was relieved from active duty and 
on 1 September 2009 he retired from the United States Air Force. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-03776 in Executive Session on 3 April 2012, 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 26 Sep 11, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 24 Oct 11. 

 Exhibit D. Letter, SAF/MRBR, dated 4 Nov 11. 

 Exhibit E. Letter, Applicant, dated 14 Nov 11. 

 

 

 

 

 Panel Chair