RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03418 

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His spouse be eligible to receive his Post-9/11 GI Bill Transferability of Educational Benefits (TEB). 

APPLICANT CONTENDS THAT:

He was never briefed he needed to assign benefits to his spouse before he retired.  It was his understanding dependents enrolled in DEERS were eligible for TEB.  He would have assigned at least one month to his spouse before retiring if he had been informed of that requirement. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 8 Mar 88.

On 1 Aug 10, the applicant retired, and was credited with 22 years, 04 months, and 23 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.  Defense Manpower Database Center (DMDC) records show an approved TEB application effective 28 Jul 09, with no additional service obligation required.  At that time, 18 months of benefits were allocated to his dependent son, and zero months to his dependent daughter or his spouse.  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 [this submits the request for approval in MilConnect] or b) Cancel [this allows the member to make changes prior to submission].  The member selected the option to submit his request and was approved.  When the member retired effective 1 Aug 10, dependents with zero months allocated became ineligible as he did not allocate at least one month of benefits in accordance with (IAW) DoD Instruction 1341.13, Post-9/11 GI Bill, Enclosure 3 and AFI 36-2306 AFGM1, The Education Services Program, paragraphs 18.g.(2)(c) and 20.a(1)(b).

Recommend denial.  There is no evidence of an error or injustice on the part of the Air Force.  The member did not allocate at least one month of benefits to his spouse prior to retirement.

A complete copy of the AFPC/DP3SA 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 10 Oct 17 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 the applicant is the victim of an error or injustice.  While we note the comments of AFPC/DP3SA indicating relief should be denied because the applicant did not assign any educational benefits to his spouse prior to his retirement, we believe a preponderance of the evidence substantiates corrective action is warranted.  In this respect, we note DMDC acknowledged the applicant was approved for TEB on 28 Jul 09 when the program was in its infancy, at a point in time when a lot of confusion surrounded the proper processes and procedures for executing transferability.  Therefore, we recommend the applicant’s records 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 1 August 2009, he transferred one month of his Post-9/11 GI Bill educational benefits to his spouse.  

The following members of the Board considered AFBCMR Docket Number BC-2016-03418 in Executive Session on 28 Nov 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 Aug 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 1 Dec 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 10 Oct 17.

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