RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-00006 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His record be corrected to reflect that he was relieved from 
active duty on 1 Aug 09, instead of 31 Jul 09, so that can be 
eligible to transfer his Post-9/11 GI Bill educational benefits. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

As a Title 32 Active Guard/Reserve (AGR) member he was not 
initially eligible for the Post-9/11 GI Bill program. AGRs were 
not eligible for the transfer of educational benefits at the 
time of his retirement. Had he known they would eventually 
become eligible when the law changed, he would have served the 
one additional day required to qualify to transfer his 
educational benefits. It is unfair that the law was changed 
after he retired and he missed the opportunity to use this great 
benefit by one day. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 31 Jul 09, the applicant was relieved from his reserve 
assignment as an AGR and retired on 1 Aug 09 under the 
provisions of AFI 36-3203, Service Retirements, and Title 10 USC 
8914. 

 

According to Title 38 United States Code (USC), Chapter 33, 
service members are allowed to transfer unused educational 
benefits to their dependent spouses and children. Any member of 
the Armed Forces, active duty or Selected Reserves, officer, or 
enlisted, who, on or after 1 Aug 09, is eligible for the Post-
9/11 GI bill, has at least six years of service in the Armed 
Forces on the date of election, and agrees to serve a specified 
additional period of in the Armed Forces from the date of 


election, may transfer unused Post-9/11 benefits to their 
dependents. 

 

On 4 Jan 11, the President signed into law the Post-9/11 GI Bill 
Assistance Improvement Act of 2010. This change in the law 
expanded eligibility for the Post-9/11 GI Bill to include full-
time active service performed by National Guard members under 
Title 32 USC “for the purpose of organizing, administering, 
recruiting, instructing, or training the National Guard; or 
under Section 502(f) for the purpose of responding to a national 
emergency.” Qualifying Title 32 service must have been 
performed on or after 11 Sep 01. 

 

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: 

 

NGB/A1YR recommends denial, indicating there is no evidence of 
an error or injustice. The applicant was released from his AGR 
tour and retired from the ANG on 1 Aug 09. The Post 9/11 GI 
Bill benefit became effective on 1 Aug 09. At that time, AGR 
service under Title 32 USC 502(f) was not qualifying service for 
the Post-9/11 GI Bill. However, the passage of the Post 9/11 
Veterans Educational Assistance Act of 2010 expanded eligibility 
for the Post 9/11 GI Bill to Title 32 AGR members. According to 
Directive-Type Memorandum (DTM) 09-003 – Post-9/11 GI Bill, 
dated 22 Jun 09, and AFI 36-2306, Voluntary Education Program, 
dated 13 Aug 10, an individual approved to transfer entitlement 
to educational assistance under this section may transfer such 
entitlement to the individual’s family member only while serving 
in the Armed Forces. While the passage of the Post-9/11 
Veterans Educational Assistance Act of 2010, the applicant 
became eligible to participate in the Post-9/11 GI Bill in his 
own right; however, he is not eligible to transfer his benefits 
because he was not a member of the Armed Forces on or after 
1 Aug 09 to effect the transfer. 

 

A complete copy of the NGB/A1YR advisory is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on DD MMM YY 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. The 
applicant argues that had he known that National Guard Active 
Guard Reserve (AGR) members would eventually become eligible for 
the Post-9/11 GI Bill, he would have delayed his retirement long 
enough to qualify to transfer his educational benefits to his 
dependents; however, we are not convinced the applicant is the 
victim of an error or injustice, or that he has been treated 
differently than those similarly situated. In this respect, we 
note there is no way the applicant, or any other similarly 
situated National Guard AGR, could have known the law would 
eventually change and, with this information from the future, 
decide to delay his retirement to earn the right to transfer 
benefits to which he was not yet entitled. While it is 
unfortunate that he was released from his AGR tour just one day 
short of attaining eligibility to transfer his benefits, the 
fact is he did not serve as a member of the armed forces on or 
after 1 Aug 09 in accordance with the provisions of the 
governing statute and the proximity of his service to the 
effective date of the program, no matter how close, does not, by 
itself, serve to make him the victim of an error or injustice. 
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-00006 in Executive Session on 9 May 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-00006 was considered: 

 

 Exhibit A. DD Form 149, dated 17 Dec 11, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, NGB/A1YR, dated 11 May 12. 

 Exhibit D. Letter, SAF/MRBR, dated 24 May 12. 

 

 

 

 

 

 Panel Chair