RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-02349

							COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he transferred 5 months and 19 days of Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his daughter.

APPLICANT CONTENDS THAT:

He initially divided the 36 months of his education benefit equally by transferring 18 months each to his son and daughter.  In 2013, he revoked the 18 months transferred to his daughter and moved them over to his son, leaving his daughter with a zero month balance.  He was not made aware that revoking the months from his daughter would render her ineligible for any months to be transferred back to her.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 27 Jun 90, the applicant entered the Regular Air Force.

On 7 Aug 09, the applicant completed and signed the Post-9/11 GI Bill Transfer Statement of Understanding (SOU).

On 31 Aug 10, the applicant received an honorable discharge, retired effective 1 Sep 10, and was credited with 20 years, 2 months, and 2 days of total active service.

Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 Aug 09 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance, the member must meet one of the following:

Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or

Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application, is precluded by either Air Force policy (e.g., High Year Tenure [HYT]), DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute.

Is or becomes retirement eligible during the period from 1 Aug 09 through 1 Aug 13, and agrees to serve the additional period, if any, specified in paragraphs 3.a.(3)(a) through 3.a.(3)(e) of this attachment.  A Service Member is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed under section 12732 of Reference (b).

	(a) For those individuals eligible for retirement on 1 Aug 09, no additional service is required.

	(b) For those individuals who have an approved retirement date after 1 Aug 09, and before 1 Jul 10, no additional service is required.

As the applicant served on active duty since 11 Sep 01, he is entitled to Post-9/11 GI Bill educational benefits in his own right.

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.  On 24 Apr 13, the applicant revoked education benefits from his dependent daughter, rendering her ineligible for TEB.  Although the applicant’s daughter had 18 months of benefits assigned when he retired on 31 Aug 10 [sic], the applicant must contact the Department of Veteran Affairs (DVA) to restore benefits.  

In accordance with (IAW) DoDI 1341.13, section 3f, 2(b), “Modifications or revocations after separation from the Military Services, USCG, NOAA Corps, or PHS will be accomplished through the VA.”

A complete copy of the AFPC/DPSIT 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 30 Oct 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.  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 its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  In this respect, we note the applicant revoked his daughter’s benefits through the DVA after he retired from active duty.  As a result, the applicant’s must seek relief through DVA channels as the requested relief is outside the Board’s purview.  In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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-2015-02349 in Executive Session on 26 May 16 under the provisions of AFI 36-2603:

					 , Panel Chair
					 , Member
					 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02349 was considered:

	Exhibit A.  DD Form 149, dated 29 May 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 15 Sep 15, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 30 Oct 15.