RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02768 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The transfer of his Post-9/11 GI Bill benefits (TEB) to his dependents be restored. APPLICANT CONTENDS THAT: He applied and was approved to transfer his benefits prior to his retirement. However, he recently checked the VA website to verify the benefits were available and it shows that both his son and daughter are ineligible. When he contacted the VA, he was informed that there was an “end date” of 2011 for the transfer of benefits. He does not believe he put that date on his initial request, considering neither of his children would have been old enough to use the benefit prior to that date. Therefore putting the end date would not have made sense and he believes this error to be clerical or a simple “typo.” When he transferred his benefits the program was new, which resulted in a lack of guidance on how to process claims. The Board should find it in the interest of justice to consider his untimely application because he assumed his TEB had been properly transferred. There was no reason for him to check the status again until this year, when he began to prepare financial plans to send his children to college. His son is graduating high school this year and he respectfully requests correction of the status for his children to use his educational benefit. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: During the events under review the applicant was serving in the grade of senior master sergeant (E-8). On 14 Oct 09, the applicant was approved for TEB and incurred a 2-year Active Duty Service Commitment (ADSC). On 1 Feb 12, the applicant retired from Active Duty and fulfilled his commitment to transfer his benefits. 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/DPSIT recommends denial. The application is not supported with evidence that he was a victim of an error or injustice. The applicant did not allocate months to all dependents and by regulation they are now ineligible. 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 pops up 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 (submits the request for approval in Mil Connect) or b) Cancel (allows the member to make changes prior to submission). The applicant clicked the option to submit his request and was approved by Total Force Service Center personnel system. When he retired effective 1 Feb 12, dependents allocated 0 months of benefits became ineligible by regulation (AFI 36-2306, Attachment 9 A9.18.7.2.3) If the Board finds there was an injustice, Air Force Personnel Center technicians will restore 1-month of benefits to both his dependents through the Defense Manpower Data Center/TEB website, effective the same date as the initial transfer (14 Oct 09). A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, was forwarded to the applicant on 27 Oct 14 for review and comment within 30 days (Exhibit D). In response to the Air Force evaluation, the applicant states, that when he discovered the error and contacted MilConnect via phone, he was told that he had put an expiration date of 2011 for his children, which led him to tailor his application request based on that information/error. However, the “Recommendation” states a very different reason, indicating that he did not allocate a month of benefits during his initial request. It has been 5 years since he completed the application and his memory may not be perfect on the matter, but he does remember putting 1-month of benefits toward every dependent, as it was a point of emphasis when he initially applied. Unfortunately, the application process is a web-based program and he does not have paperwork to support his defense. The only evidence he does have is that he incurred an ADSC commitment for the TEB and he served that commitment. Had he seen a warning like the “Recommendation” suggests he would have done everything in his power to correct the error as his children were the whole reason he signed the ADSC in the first place. Although there was an error made at some point in the process, whether it was him or someone else, his intent was to transfer his benefits to his children. This should be clear based on the fact that he signed a served a 2-year ADSC solely for that purpose. A complete copy of the applicant’s response 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 timely filed. 3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action regarding the applicant's TEB. We note the comments of the Air Force office of primary responsibility; nonetheless, based on the evidence of record, we find it reasonable to believe that the applicant had every intention of transferring his benefits, but at the time he made the transfer the TEB program was still being introduced and information on how to properly complete the transfer was vague. Given the applicant had more than 20 years of satisfactory service and fulfilled the required 2-year ADSC obligation to transfer his TEB, we find the evidence provided sufficient to provide relief. Therefore, in the interest of justice, we recommend his record be corrected to show that on 14 Oct 09 he elected to transfer his benefits. Accordingly, we recommend the applicant's record be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 14 Oct 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. The following members of the Board considered AFBCMR Docket Number BC-2014-02768 in Executive Session on 11 May 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The board unanimously voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Jul 14. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT dated 4 Aug 14. Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14. Exhibit E. Applicant’s Rebuttal, dated 2 Nov 14.