RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04850

	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

He be allowed to re-distribute his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his eligible dependents.

APPLICANT CONTENDS THAT:

It was his intention to allocate 12 months of education benefits to each of his eligible dependent children.  Prior to his retirement, he logged into the Air Force Portal and the system showed his intended election.  While he believed he completed the necessary actions, he was never informed that one-month had to be transferred to each dependent in order for them to be eligible.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Jan 91.  On 1 Oct 09, he signed a Statement of Understanding (SOU) for the purpose of TEB and incurred a 2-year service obligation to 27 Sep 11.  On 31 Aug 12, he retired in the grade of master sergeant (MSgt) and was credited with 21 years, 7 months and 16 days of active service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denying the application.  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 all eligible dependents prior to retirement.  Since the inception of the TEB website, when a TEB request is submitted and months are not allocated to a dependent, the following message appears:

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 was approved.  When the applicant retired, dependents with zero months allocated became ineligible.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Dec 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SA and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04850 in Executive Session on 22 Mar 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 1 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atch., dated 30 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Dec 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings in BC-2016-04850 required by AFI 36-2603, paragraph 4.11.9.