RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01355
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his 
spouse and daughter, rather than just his son.

________________________________________________________________

APPLICANT CONTENDS THAT:

Based on the information provided, he was never told of the 
requirement to enter the number “1” for each dependent, into the 
Transfer of Education Benefits (TEB) database, to allow his 
dependents to remain eligible for TEB after his retirement from 
the Armed Forces.

In support of his request, the applicant provides a copy of an 
electronic communiqué. 

His complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant retired effective 1 Oct 2011.

Post-9/11 GI Bill Transferability:  Any member of the Armed 
Forces (active duty or Selected Reserve, officer or enlisted) on 
or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air National Guard.  Accordingly, there is no need to recite 
these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

NGB/AlY recommends approval.  A1Y states that Public Law No. 
110-252, section 3319 (f)(2)(A) states: "In General - An 
individual transferring entitlement under this section may 
modify or revoke at any time the transfer of any unused portion 
of the entitlement so transferred." Directive-Type Memorandum 
(DTM) 09-003- Post-9/11 GI Bill, 22 Jun 2009, (reissued 14 Sep 
2011) attachment 2, paragraph 3g (2) (a) 2 states: "An 
individual may not add dependents after retirement or separation 
from the Armed Forces, but may modify the number of months of 
the transferred benefit after retirement or separation for those 
dependents who had received transferred benefits prior to 
separation or retirement." Both of these documents were 
published on government-hosted websites prior to the effective 
date of the Post-9/11 GI Bill.  While the applicant did not 
designate his spouse and daughter to receive benefits prior to 
his retirement as defined in DTM 09-003, there is no indication 
he received the proper guidance when submitting the transfer 
request. Additionally, the transfer worksheet specifically 
states "can modify or revoke my election at any time." 

The complete A1Y evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 May 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  To 
date, a response has not been received (Exhibit C).

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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 error or injustice.  After a 
thorough review of the evidence of record and the applicant’s 
complete submission, we believe it is in the interest of justice 
to recommend granting the requested relief.  Therefore, we agree 
with the opinion and recommendation of the Air Force office of 
primary responsibility and adopt its rationale as the basis for 
our conclusion the applicant has been the victim of an error or 
injustice.  Accordingly, we recommend his records be corrected 
as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that effective 
3 Jun 2011, he elected to transfer his Post-9/11 GI Bill 
Educational Benefits to his spouse, son and daughter, rather 
than just his son.

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 2 Jul 2013, under the provisions of AFI 
36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered in AFBCMR BC-2013-
01355:

     Exhibit A.  DD Form 149, dated 13 Mar 2013, w/atch.
     Exhibit B.  Letter, NGB/A1Y, dated 16 May 2013, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 31 May 2013. 




                                   
                                   Panel Chair


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