RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2014-00869
				COUNSEL:  NONE
				HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Transfer of 
Educational Benefits (TEB) to his dependent.


APPLICANT CONTENDS THAT:

He was not advised nor was he aware of the process on 
transferring his Post-9/11 GI Bill benefits to his two children, 
due to a medical condition and ongoing medical issues prior to 
his medical retirement.

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


STATEMENT OF FACTS:

On 27 August 2010, the applicant retired in the grade of 
lieutenant colonel under the provisions of AFI 36-
3212 (Disability – Permanent).  He served 19 years, 8 months and 
7 days on active duty.


AIR FORCE EVALUATION:

AFPC/DPTT recommends denial.  DPTT states the applicant 
transferred all 36 months of his Post-9/11 GI Bill benefits to 
his daughter prior to his retirement on 28 August 2010.  At that 
time, he could have transferred a portion of his benefits to his 
son.  Since he had 20 plus years of satisfactory service as of 
1 August 2009, he did not incur a Reserve service obligation.  
His daughter is no longer enrolled in school and he is 
requesting that the remaining months of his benefits be 
transferred to his son.

In accordance with DoDI 1341.13, Enclosure 3, 3.f.(2)(a)2., “An 
individual may not add family members after retirement or 
separation from the Military Services, USCG, NOAA Corps, or PHS, 
but may modify the number of months of the transferred 
entitlement or revoke transfer of entitlement after retirement 
or separation for those family members who have received 
transferred benefits prior to separation or retirement.”  The 
DoDI clearly states that allocations cannot be made to a new 
family member after retirement or separation.  Relief should not 
be granted as it will set the precedent to allow all others 
before and after to request adjustments to an allocation made 
prior to retirement or separation.  All members have the 
opportunity to allocate at least one month to each dependent on 
their Defense Enrollment Eligibility Reporting System (DEERS) 
prior to retirement or separation.  The option to reallocate 
benefits after retirement or separation then remains available 
to the members.  The decision to pass unused benefits to 
dependents is not to be taken lightly and should be done with 
full knowledge and consideration of the parameters of the 
program.  The transfer of benefits is not an entitlement of the 
Post-9/11 GI Bill program but an opportunity if the requirements 
are met.  This particular member’s dependent may retain unused 
benefits and decide to return to school at any time prior to the 
dependent’s 26th birthday.

The DPTT complete evaluation, with attachment, is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he was briefed at the Beale Air Force Base 
education office in June of 2009 that when he initiated the 
transfer of benefits to his daughter - that if she did not use 
the entire benefit, he could then modify the transfer and 
identify a second dependent at a later date.

The applicant’s complete response, with attachment, is at 
Exhibit E.


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  The 
applicant’s contentions are duly noted; however, 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 that the applicant has not been the victim of an 
error or injustice.  We note that a dependent cannot be added to 
a service member’s TEB after he/she has separated or retired 
from military service.  Therefore, in the absence of evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or an injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-00869 in Executive Session on 20 February 2015, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 25 February 2014, w/atchs.
  Exhibit B.  Applicant’s Available Master Personnel Record.
  Exhibit C.  Letter, ARPC/DPTT, dated 29 April 2014, w/atch.
  Exhibit D.  Letter, SAF/MRBR, dated 19 September 2014.
  Exhibit E.  Letter, Applicant, dated 24 September 2014,
              w/atch.