RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-02247

XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his youngest daughter.

APPLICANT CONTENDS THAT:

He transferred education benefits (TEB) to his oldest daughter prior to his deployment to Afghanistan.  He did not understand the implications of not transferring benefits to his youngest daughter prior to his retirement.  There are currently 16 months of unused Post-9/11 benefits that his oldest daughter is no longer eligible for and he would like 100 percent of the remaining benefits transferred to his youngest daughter.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

According to a Defense Manpower Data Center (DMDC) TEB Service Member History printout, on 16 August 2010, the applicant submitted a request to TEB to his dependent daughter and it was approved on the same day.

On 1 June 2014, the applicant retired in the grade of colonel (O-6) after serving 25 years, 11 months, and 28 days on active duty.

According to AFI 36-2306, Voluntary Education Program, dated 13 August 2010, “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.”

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 indicating there is no evidence of an error or an injustice.  The applicant was approved for TEB effective 16 August 2010 and assigned 36 months of benefits to one dependent daughter.  He did not allocate any benefits to his second daughter or his spouse.  Therefore, they became ineligible for TEB after he retired.  Since the inception of the TEB website, when a member submits a TEB request and does not allocate months of benefits to a dependent, a message appears which states:  “Warning:  You have one or more eligible family members to whom you have not transferred months.  If you do not transfer months to these individuals before you separate from the Armed Forces, you will not be able to do so afterwards.  These family members will no longer be eligible for transferred educational assistance.  Would you like to continue submitting your transfer request?”  Two options are provided:  a) OK [submits the request for approval in MilConnect] or b) Cancel [allows the member to make changes prior to submission].  The applicant selected the option to submit his request and it was approved.

In accordance with AFI 36-2306, when the applicant retired, his dependents with zero months allocated became ineligible as he did not allocate at least one month of benefits prior to his retirement.

A complete copy of the AFPC/DPSIT evaluation, with attachment is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 October 2015, a copy of the Air Force evaluation was forwarded to the applicant 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-02247 in Executive Session on 5 April 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 27 May 2015.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPSIT, dated 20 July 2015.
Exhibit D.  Letter, AFBCMR dated 30 October 2015.