RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03225 

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

She be allowed to amend her Post 9/11 transfer of education benefits (TEB) to include all her dependents.

APPLICANT CONTENDS THAT:

At the time she transferred her benefits the program was fairly new and ambiguous.  She was not briefed on or was aware that she needed to allocate some portion of the benefit to all her dependents before she retired.

While her confirmation letter indicated family members could not be added to the transfer request after separation from military service, she was under the impression that service members who had separated could edit/modify their allocation of benefits at any time.

While the applicable Air Force instruction may have included language regarding transferring entitlement prior to retirement, most service members do not read regulations regarding such matters, but rely on the service to properly counsel them on such an important matter.  The service member should have received a big RED WARNING that they will not be able to modify their election after retirement when they only transferred the benefit to one dependent, especially when their records reflect they have other eligible dependents.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired on 1 Aug 12 and was credited with 22 years and 12 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, which is attached at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denial indicating there is no evidence of an error or an injustice noting the applicant failed to allocate at least one month of benefits to all her eligible dependents prior to her leaving military service.

The applicant’s Total Active Federal Military Service Date is 19 Jul 90.  She was approved for TEB on 23 Nov 09 and incurred a one year active duty service commitment.  The applicant retired on 1 Aug 12.

According to the Defense Manpower Database Center (DMDC) the applicant was approved for TEB on 23 Nov 09.  At that time she allocated 36 months of benefits to her eldest child and zero months to her spouse or younger child.  Since the inception of the TEB website, when a service member submits a TEB request and does not allocate months of benefit 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?”

The service member is provided two options:  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 her request and was approved.  When the applicant retired, her dependents with zero months allocated became ineligible as she did not allocate at least one month of benefits in accordance with governing instructions.

A complete copy of the AFPC/DP3SA evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s states the acknowledgement for TEB indicates that the election can be modified or revoked at any time; and that the service member retains the right to change or modify the months of entitlement at any time until they are exhausted.

AFPC is relying upon the words contained in a message military members receive upon submitting a TEB request.  She also relied on the words contained in the TEB Acknowledgement when she transferred the benefit to her son.  

There was nothing in the TEB acknowledgment that specified the failure to transfer at least one month of the benefit to a dependent would result in a permanent forfeiture of the benefit.

A letter she received indicated that family members could not be added to the transfer request after separating from the service.  She would not be adding family members to her request because she included all her dependents on her initial application.  She did not allocate at least one month to all her dependents because she believed that she could make changes after the fact and at any time. 

At the time she elected to TEB, she was not provided any personal briefing or counseling on the consequences of ones actions pertaining TEB.  The program was fairly new and the rules and instructions were not clear.

She should be allowed to amend her TEB request to allow her son to use her remaining benefits. 

A copy of the applicant’s responses, with attachment are at Exhibits D and F.

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.  While we note the steps the Air Force office of primary responsibility indicates were taken to inform eligible personnel of this new benefit, it appears as though the applicant initiated the transfer during the program’s infancy.  However, the Board finds that it is more likely than not she was not adequately briefed on the ability to reallocate her benefits between dependents unless some portion of the benefits were allocated to all beneficiaries before her retirement from active duty.  In addition, we find no basis to question the applicant's account in this matter and do not find it reasonable that she would have knowingly elected not to pursue use of this important entitlement for all her eligible dependents.  Therefore, we recommend the applicant's 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 23 November 2009, she elected to transfer one month of her Post-9/11 GI Bill Educational Benefits to her dependent SON and SPOUSE.

The following members of the Board considered AFBCMR Docket Number BC-2016-03225 in Executive Session on 28 Nov 17, under the provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03225 was considered:

	Exhibit A.  DD Form 149, dated 8 Aug 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 18 Nov 16,
  w/atch.
	Exhibit D.  Applicant’s, Email, dated 15 Jul 17, w/atch.
	Exhibit E.  Letter, SAF/MRBR, dated 23 Aug 17.
	Exhibit F.  Letter, Applicant, dated 26 Aug 17, w/atchs.

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.