RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04842 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational Benefits to additional dependents. APPLICANT CONTENDS THAT: He requested Transfer of Education Benefits (TEB) in the fall of 2009. He received no training on how to complete the paperwork. He was told to list each dependent and that it was acceptable to allocate all of the months to his son. He was informed he would be able to reallocate the benefit to his daughters at a later date. He was not informed allocating zero months to his daughters would result in them not being eligible. He only noticed his daughters were ineligible when his son decided to stop going to college and he attempted to complete the TEB to his daughters. He contacted ARPC and was advised to apply to the Board for a correction to his records. He hopes the newness of the program in 2009 coupled with inadequate training and guidance on the TEB process will not result in a $30,000 penalty in benefits that he has earned. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: On 1 May 2010, the applicant retired from the Air Force Reserve in the grade of major (O-4). Per Special Order AB-0008 dated 9 December 2005, the applicant’s extended active duty tour until 14 July 2006, per 10 U.S.C. § 12301(d) was extended with a new date of separation of 30 April 2010. Directive Type Memorandum (DTM) 09-003, Post 9/11 GI Bill, dated 22 June 2009, Transferability of Unused Education Benefits to Family Members states any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009, requested TEB and had an approved retirement date before 1 July 2010, required no additional Active Duty Service Commitment (ADSC). As the applicant was eligible for retirement prior to 1 August 2009, he would not have incurred an ADSC if he had transferred his benefits on the requested date. AIR FORCE EVALUATION: ARPC/DPTT recommends denial of the applicant’s request. The applicant requested TEB on 30 November 2009, at which point he elected to give every available month to only one dependent. DODI 1341.13 clearly states allocations cannot be made to a new family member after retirement or separation. The applicant did not provide documentation from his losing unit that supports the claim he was not properly counseled on the benefit. The TEB is not an entitlement of the Post-9/11 GI Bill program but an opportunity provided should necessary requirements be met. In every case the member maintains the ability to use the benefit themselves. A complete copy of the ARPC/DPTT 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 3 March 2015, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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, we believe that relief is warranted. We note that ARPC/DPTT recommends denial stating he did not redistribute his benefits to all of his eligible dependents prior to his retirement as required. However, 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, we do 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 for all of his dependents, if he had known that he could not modify or revoke the number of months of the transferred entitlements after his retirement. Therefore, in the interest of justice, we recommend his records be corrected as set forth below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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 30 November 2009, 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 AFBCMR Docket Number BC-2014-04842 in Executive Session on 18 August 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated DD 22 October 2014, w/atch. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Memorandum, ARPC/DPTT, dated 10 February 2015. Exhibit D. Letter, SAF/MRBR, dated 3 March 2015.