RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02374 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In June 2009 while on active duty, he was informed by the Offutt 
AFB, NE Education office counselor that he did not qualify for 
Post 9/11 GI Bill benefits because he had an approved retirement 
date of 1 November 2009. He was also informed that he needed 
more retainability to be eligible to transfer these benefits. He 
would have signed up for these benefits if he had known. Based 
on the information he read online, it seems that he is eligible 
to apply for the Post 9/11 benefits. 

 

In support of his request, the applicant provides a personal 
letter, copies of a letter from the Chief of Education and 
Training Section, his DD Form 214, Certificate of Release or 
Discharge from Active Duty; and a letter from the Department of 
Veterans Affairs. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 30 December 1988, the applicant entered the Regular Air 
Force. On 1 November 2009, he was retired in the grade of master 
sergeant. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSI recommends denial. DPSI states service members may 
have had the impression that being on active duty or in the 
Selected Reserve (SELRES) on the effective date of the law, 
1 August 2009, 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 
Department of Defense 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. 

 

DPSI notes the Board could find that there was an injustice if 
the service members were on active duty on 1 August 2009, 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 August 2009 and there would be no need to place the service 
member on active duty since the Transfer of Educational Benefits 
(TEB) system allows for correction of the record by Air Force 
personnel. 

 

The complete DPSI evaluation, with attachments, is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 15 October 2010, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D). As of this date, this office has not received a 
response. 

 

_________________________________________________________________ 

 

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 his eligibility and 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. 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 he elected 
to transfer his Post 9/11 GI Bill Educational Benefits 
to dependent, effective 31 October 2009. 

 

_______________________________________________________________ 

 

The following members of the Board considered AFBCMR BC-2010-
02374 in Executive Session on 11 April 2011, under the provisions 
of AFI 36-2603: 


All members voted to correct the record, as recommended. The 
following documentary evidence considered: 

 

 Exhibit A. DD Form 149, dated 18 Jun 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSI, dated 4 Oct 10. 

 Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10. 

 

MEMORANDUM FOR THE CHIEF OF STAFF 

 

 Having received and considered the recommendation of the Air Force Board for 
Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code (70A Stat 116), it is directed that: 

 

 The pertinent military records of the Department of the Air Force relating to APPLICANT 
be corrected to show that he elected to transfer his Post 9/11 GI Bill Educational Benefits to, 
effective 31 October 2009.