RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00471 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to divide his Post-9/11 GI Bill benefits between his two dependent daughters. APPLICANT CONTENDS THAT: He checked box (B) of the benefits transfer form, which clearly states: "I understand I may transfer up to 36 months or my remaining months of eligibility, whichever is less of my education benefits to spouse and/or children, and can modify or revoke my election at any time." He thought he could modify and/or revoke his elections at any time. His intentions were to split his benefits between his two daughters. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 7 Oct 85, he enlisted in the Regular Air Force. On 1 Apr 11, he retired after serving 25 years, 5 months, and 24 days of total active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant did not indicate on his initial application that he wanted to assign months to both dependent daughters. AFI 36-2306, Voluntary Education Program, clearly states that members must transfer entitlement to each dependent prior to retirement in order to modify entitlement after retirement. The applicant failed to transfer entitlement to remaining dependents; therefore, dependents are ineligible for entitlement. On 14 Jul 09, the applicant submitted his Transfer of Education Benefits (TEB) application assigning 36 months of the entitlement to one of his daughters and zero months to his remaining dependents and spouse. On 1 Aug 09, the TEB application was approved. IAW AFI 36-2306, Attachment 9, paragraph A9.18.7.2.3, “A Veteran may modify entitlement or revoke entitlement among only those dependents who were designated to receive transferred benefits prior to separating from the Armed Forces. Veterans who transferred entitlement prior to separating or retiring from the Armed Forces may not add new dependents after separation or retirement.” Additionally, the MilConnect website lists the steps to transfer months to dependents under Q&A, Education Benefits, Submitting a Transfer Request. To grant relief would be contrary to the criteria established by Public Law 110-252, 38 USC Chapter 33, Section 3319, paragraph (e)(2), “designate the number of months of such entitlement to be transferred to each such dependent.” A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 12 Aug 15 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 an 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 the OPR states the applicant did not indicate on his initial application that he wanted to assign months to both dependent daughters. However, based on the newness of the TEB at the time of transfer and 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 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 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, we recommend 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 14 Jul 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits to all of his eligible dependents. The following members of the Board considered AFBCMR Docket Number BC-2015-00471 in Executive Session on 14 Oct 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Jan 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 23 Mar 15, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 12 Aug 15.