RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03975 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to all his dependents, rather than just his son. ________________________________________________________________ APPLICANT CONTENDS THAT: Prior to retiring from the Air Force, he was incorrectly informed that his dependents listed in the Defense Enrollment Eligibility Reporting System (DEERS) would appear as potential Post-9/11 GI Bill beneficiaries. He was told as long as he enacted a transfer to at least one dependent; the remainder of his dependents would be eligible to transfer after he retired. He would like to use these benefits for his wife; however, is not able to select her as a beneficiary. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 1 April 2010, the applicant elected to transfer his Post-9/11 GI Bill educational benefits to his eldest son. On 24 June 2010, he modified the request by revoking the months transferred to his eldest son and transferring all 36 months of benefits to his youngest child. The applicant was assigned to the Retire Reserve Section and placed on the Air Force Reserve Retired list effective 7 December 2012. AIR FORCE EVALUATION: NGB/A1Y recommends denial. A1Y states that Department of Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bill, 31 May 2013, Enclosure 3, paragraph 3.f.(2)(a)2 states "An individual may not add family members after retirement or separation from the Military Services, United States Coast Guard, National Oceanic and Atmospheric Administration Corps, or Public Health Service, but may modify the number of months of the transferred entitlement or revoke transfer of entitlement after retirement or separation for those family members who have received transferred benefits prior to separation or retirement." This document incorporates Directive-Type Memorandum (DTM) 09-003 - Post-9/11 GI Bill, 22 June 2009, (reissued 20 March 2013), which was published on government-hosted websites prior to the effective date of the Post-9/11 GI Bill. The applicant’s TEB record shows that he submitted a transfer request on 1 April 2010, but only transferred benefits to his eldest son. The record then shows on 24 June 2010, he modified the request by revoking the months transferred to his eldest son transferring all 36 months of benefits to his youngest child, but did not designate his other dependents to receive benefits. NGB/A1Y contacted the applicant’s former Retention Office Manager (ROM), who stated that although he did not remember speaking directly to the applicant about the Post-9/11 GI Bill and TEB programs, information on both programs were disseminated to unit members through various methods to included Unit Career Advisor briefings, commander's calls, wing newsletters, base-wide e-mails and informational handouts. During the briefings, members were strongly advised to transfer at least month of benefits to all eligible dependents prior to their retirement, as dependents are ineligible to receive transferred benefits once a member separates or retires from the Armed Forces. The ROM further stated there have been several occasions where members do not out-process through the Retention office, or the member had someone else coordinate their out-processing paperwork if they were out of State. Moreover, those members who out- processed through his office were informed that additional dependents cannot be added to the TEB request once they have separated or retired; only those dependents already designated to receive transferred benefits can be modified. However, if the decision is to grant the relief sought, the records should be corrected to show the member transferred benefits to all eligible dependents on 1 April 2010. The complete A1Y evaluation, with attachment, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 8 November 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (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. After a thorough review of the evidence of record and the applicant’s complete submission, the Board majority believes that relief is warranted. While the Board majority notes the steps the Air Force office of primary responsibility indicates were taken to inform eligible personnel of this new benefit, based on the available evidence, it is our opinion the applicant more likely than not was not made aware of the steps necessary to complete the transfer of benefits to all of his dependents. In addition the Board majority does not find it reasonable that he would have knowingly elected not to take the necessary action in order to ensure that he retained this entitlement to all of his dependents, if he had known that he could modify or revoke the number of months of the transferred entitlements after his retirement. Therefore, in the interest of justice, the Board majority recommends his records be corrected as set forth 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 1 April 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits to all of his eligible dependents, rather than just his son. The following members of the Board considered this application in Executive Session on 1 July 2014, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member By a majority vote, the Board voted to grant the application. Mr. Walker voted to deny, but did not wish to submit a Minority Report. The following documentary evidence was considered in AFBCMR BC-2013-03975: Exhibit A. DD Form 149, dated 19 August 2013. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, NGB/A1Y, dated 21 October 2013, w/atch. Exhibit D. Letter, SAF/MRBR, dated 8 November 2013. 1 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 2 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 3 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974