RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-01946
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Educational Benefits to an additional dependent.  

APPLICANT CONTENDS THAT:

At the time he applied for Transfer of Education Benefit (TEB), he requested his daughter receive 24 months and his son receive 12 months.  However, the Military Connect (MilConnect) site only reflects his daughter was approved for the benefit and his son reflects as ineligible.

The TEB site was just created when he applied and there were lots of glitches.  He knows he requested TEB for both his son and daughter.  He had a job when he retired and did not plan to use the GI Bill.

His son is now ready to enter college and he needs to offset some of the costs with the use of his last 12 months.  He only discovered the error when he tried to apply to the Department of Veterans Affairs (DVA) for the benefit.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 1 February 2011, the applicant retired in the grade of Senior Master Sergeant (SMSgt, E-8).  He served 27 years, 7 months and 17 days of active duty service.  

Per DODI 1341.13, Post-9/11 GI Bill, An individual approved to transfer entitlement to educational assistance may transfer such entitlement to a family member only while serving in the military services (active duty or Selected Reserve). 

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibits C.   

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The DMDC records show no months allocated to the applicant’s dependent son.  The applicant does not provide sufficient evidence of an error or injustice.

The DMDC records show 24 months allocated to his dependent daughter and no months allocated to his dependent son.  The applicant retired effective 1 February 2011; therefore, dependents with zero months allocated became ineligible for TEB in accordance with AFI 36-2306, Voluntary Education Program, Attachment 9, A9.18.7.2.3.

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 3 November 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 an 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 AFPC/DPSIT recommends denial stating he did not distribute 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 transferred entitlements after his retirement.  Therefore, in the interest of justice, we recommend his records be corrected as indicated 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 21 August 2010, 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-2015-01946 in Executive Session on 29 September 2016 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 4 May 2015.  
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 24 August 2015, 
			  w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 3 November 2015.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.