RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05205

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Education Benefits (TEB) to all his dependents.

APPLICANT CONTENDS THAT:

He transferred at least one month of benefits to all dependents prior to his retirement.

On 9 Sep 15, he received an email instructing him to assign a minimum of one month to all dependents.  He immediately logged into MilConnect and assigned one month to each dependent.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 11 Sep 92, the applicant initially entered the Regular Air Force.

On 8 Aug 09, the applicant was approved for TEB and incurred a four year service obligation (in accordance with AFI 36-2306, Voluntary Education Program, dated 13 Aug 10, Attachment 9, A9.18.1.2).  The applicant allocated 31 months to one dependent child, 3 months to his spouse and 0 months to the other two dependent children.

On 1 Oct 15, the applicant was furnished an honorable discharge, and was credited with 23 years, 0 months, and 20 days of 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/DP3SA recommends denial indicating there is no evidence of an error or an injustice.

The applicant did not allocate at least one month of benefits to all dependents prior to retirement.

Defense Manpower Data Center (DMDC) records show an approved TEB application effective 8 Aug 09.  Records show at the time of retirement, 34 months were allocated between his spouse and 1 dependent.  Although the member had an additional two months to allocate, no months were assigned to the remaining two dependents.  When the member retired effective 1 Oct 15, dependents with zero months allocated became ineligible in accordance with (IAW) AFI 36-2649, Voluntary Education Program, Attachment 9, A13.18.7.2.3.

A complete copy of the AFPC/DP3SA 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 20 Jul 16 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 the applicant is the victim of an injustice.  While we note the comments of AFPC/DP3SA indicating relief should be denied because the applicant’s records contain no documentation substantiating his contention that he completed allocation to his two remaining dependents, 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.  As such, it is our opinion the applicant more likely than not was not aware of the steps necessary to complete the transfer of benefits to all of his dependents.  Therefore, in the interest of justice, we recommend the applicant’s record be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show, on 9 September 2015, 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-2015-05205 in Executive Session on 30 Mar 17 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05205 was considered:

	Exhibit A.  DD Form 149, dated 7 Dec 15.
	Exhibit B.  Applicant's Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 7 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 20 Jul 16.

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.