RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02658 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to transfer his Post-9/11 GI Bill benefits to his 
dependents (spouse and daughter). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was told he had to apply for the Transfer of Post-9/11 GI Bill 
Benefits (TEB) prior to his official retirement date, which he 
did. Once he was notified that his dependents were approved for 
TEB he tried to add their names, but was unsuccessful. At that 
point, he was told by his education counselor that his dependents 
should have been added prior to his official retirement effective 
date. However, he was not notified of this requirement as the 
program was “new and still developing.” He is entitled the Post-
9/11 GI Bill because he met the requirement of being on active 
duty as of 1 Aug 09 and applied for eligibility prior to his 
retirement effective date of 1 Sep 09. 

 

In support of his request, the applicant provides his Certificate 
of Eligibility along with other documentation regarding his 
eligibility. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired on 1 Sep 09 in the grade of master sergeant 
(E-7). 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSI makes no recommendation. DPSI states the Secretary of 
the Air Force is required by law to provide members with 
information regarding the Post-9/11 GI Bill. However, the Air 
Force did not engage in a Service-wide effort to seek out members 
who were already on terminal leave, or who had already completed 

 
their pre-separation counseling, in order to provide them with 
additional counseling on the Post-9/11 GI Bill. Therefore, the 
Board could find that there was an injustice if the members were 
on active duty on 1 Aug 09, 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 Aug 09 and there would be no need to 
place the member on active duty since the TEB system allows for 
correction of the record by Air Force personnel. 

 

The DPSI complete evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant responded by pointing out the dates of the 
governing regulations that AFPC/DPSI refers to are all after he 
was in terminal leave status. He sternly disagrees with the 
statement which says “Had those members sought clarification from 
an education counselor, read the DoD 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.” He was 
never contacted and apprised of this “newly advertised” 
stipulation, nor did he believe he needed any clarification on 
the TEB. He believes the Background paragraph provides a very 
good summary which states “the Air Force did not engage in a 
Service-wide effort to seek out members who were already on 
terminal leave, or who had already completed their pre-separation 
counseling, in order to provide them with additional counseling 
on the Post-9/11 GI Bill.” He and his wife eagerly stand by for 
the Board’s decision. 

 

The applicant’s complete submission is at 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 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 on 31 August 
2009, he elected to transfer his Post 9/11 GI Bill Educational 
Benefits in accordance with his expressed preferences as 
indicated in the attached AFPC/DPSIT Memorandum. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-02658 in Executive Session on 1 Mar 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 12 Jul 10, w/atchs. 

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

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

 Exhibit D. Letter, Applicant, dated 11 Nov 10.