Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-01868
Original file (BC-2012-01868.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01868 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be authorized to transfer his Post 9/11 GI Bill Education 
Benefits to his spouse. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He did not know he could list all of his dependents for the Post 
9/11 GI Bill Transferability Education Benefit (TEB) Program. 
He needs to list his spouse for the program. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served in the Air National Guard and was assigned 
to the Retired Reserve on 13 Sep 09. 

 

For the first time in history, service members enrolled in the 
Post-9/11 GI Bill Program 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 Bill, has at least six years of service in the 
Armed Force on the date of election, and agrees to serve 
4 additional years in the Armed Forces from the date of election 
can transfer their unused Post-9/11 benefits to their dependents 
(Title 38 USC, Chapter 33, § 3319(b)(1)). Title 38 USC, 
Chapter 33, § 3319(f)(1) adds that the transfer of such 
entitlement can only be done while serving as a member of the 
armed forces when the transfer is executed. 

 

For active duty credit IAW Public Law 100-252, § 3301, “In the 
case of members of the reserve component of the Armed Forces, 
service on active duty under the call or order to active duty 
under § 668, 12301(a), 12301(d), 12301(g), 12302, or 12304.” 
However, Reservists must have served on active duty 90 days or 


more (aggregate) beginning on or after 11 Sep 01 to qualify for 
Post 9/11 GI Bill TEB. 

 

The applicant performed active duty service under Section 12302, 
Title 10 from 26 Nov 01 through 25 Nov 02 (12 months), and from 
19 Apr 04 through 30 Sep 04 (5 months and 12 days). 

 

DTM 09-003, paragraph 3(a)(3)(b) states “For those individuals 
who have an approved retirement date after 1 Aug 09 and before 
1 Jul 10, no additional service is required.” 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the Air Force office of primary 
responsibility (OPR), which is attached at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/A1PS recommends approval. NGB/RSR contacted the Retention 
Office Manager (ROM) of the applicant’s former wing to obtain 
additional information. The ROM stated that when the Post 9/11 
GI Bill Program first became effective, there was a lot of 
confusion about the transfer of benefits requirements. Many 
unit members were in the process of retiring or on terminal 
leave during this time frame, and were under the impression they 
could add dependents to receive benefits at any time. By the 
time it was clear dependents not listed to receive benefits were 
ineligible after the service member separated, many members had 
retired and unfortunately missed the opportunity to include all 
eligible family members in their TEB request. 

 

The complete NGB/A1Y 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 30 Aug 12 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. The 


applicant is requesting that his records be changed to reflect 
that he is authorized to transfer his Post 9/11 GI Bill 
Educational Benefits to his spouse. We note the recommendation 
from NGB/A1PS to approve the applicant’s request. After a 
thorough review of the evidence of record and the applicant’s 
submission, we believe a preponderance of the evidence supports 
corrective action. Therefore, we recommend his records be 
corrected as indicate 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 on 
12 September 2009, he included his spouse as an eligible 
beneficiary when he elected to transfer his Post 9/11 GI Bill 
Educational Benefits. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-01868 in Executive Session on 8 Jan 13, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

All members voted to correct the records as recommended. The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-01868 was considered: 

 

 Exhibit A. DD Form 149, dated 29 Apr 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PS, dated 6 Aug 12, w/atch. 

Exhibit D. Letter, SAF/MRBR, dated 30 Aug 12. 

 

 

 

 

 

 Panel Chair 

X 

 



Similar Decisions

  • AF | BCMR | CY2012 | BC-2012-01867

    Original file (BC-2012-01867.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01867 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be authorized to transfer his Post-9/11 GI Bill Educational Benefits from one of his dependents to another. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits...

  • AF | BCMR | CY2012 | BC-2012-01300

    Original file (BC-2012-01300.txt) Auto-classification: Denied

    The applicant’s complete submission is at Exhibit A. For the first time in history, service members enrolled in thePost-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. While we note the comments of NGB/A1PSindicating the applicant’s squadron did not receive the Post9/11 GI Bill Informational Briefing until after the applicanthad retired, we also note the applicant never out-processedthrough the Retention Office Manager (ROM),...

  • AF | BCMR | CY2011 | BC-2011-02762

    Original file (BC-2011-02762.txt) Auto-classification: Denied

    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. If he can provide documentation showing he attempted to change his daughter's status in DEERs prior to retiring and the Board finds there was injustice, NGB/RS recommends approval of his eligibility to transfer his Post 9/11 GJ Bill education benefits to his dependent. As of this date, no response has been received by this office (Exhibit D).

  • AF | BCMR | CY2012 | BC-2012-03571

    Original file (BC-2012-03571.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03571 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependents while he was on active duty. The program for Transfer of Educational Benefits (TEB) started 1 Aug 09. On 31 August 2009, he elected to...

  • AF | BCMR | CY2012 | BC-2012-01355

    Original file (BC-2012-01355.txt) Auto-classification: Approved

    Directive-Type Memorandum (DTM) 09-003- Post-9/11 GI Bill, 22 Jun 2009, (reissued 14 Sep 2011) attachment 2, paragraph 3g (2) (a) 2 states: "An individual may not add dependents after retirement or separation from the Armed Forces, but may modify the number of months of the transferred benefit after retirement or separation for those dependents who had received transferred benefits prior to separation or retirement." To date, a response has not been received (Exhibit C). Exhibit C. Letter,...

  • AF | BCMR | CY2012 | BC-2012-03160

    Original file (BC-2012-03160.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03160 XXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The official records be corrected to show her deceased spouse transferred his Post-9/11 GI Bill educational benefits to her while he was on active duty. ________________________________________________________________ THE BOARD RECOMMENDS...

  • AF | BCMR | CY2012 | BC-2012-03678

    Original file (BC-2012-03678.txt) Auto-classification: Approved

    ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 29 November 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. Exhibit C. Letter, AFPC/DPSIT, dated 24 Aug 12. Exhibit D. Letter, SAF/MRBR, dated 29 Aug 12.

  • AF | BCMR | CY2013 | BC 2013 05250

    Original file (BC 2013 05250.txt) Auto-classification: Denied

    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 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 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 (Title 38 USC, Chapter 33, § 3319(b)(1)). The applicant refers...

  • AF | BCMR | CY2012 | BC-2012-00413

    Original file (BC-2012-00413.pdf) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate offices of the Air Force, which are attached at Exhibits B and C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1YR recommends approval. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this...

  • AF | BCMR | CY2013 | BC 2013 05383

    Original file (BC 2013 05383.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. THE BOARD DETERMINES...