RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02135

XXXXXXXXXXXXXX	COUNSEL: NONE
	(DECEASED)

XXXXXXXXXXXXXX 	HEARING REQUESTED: NO
	(APPLICANT)

APPLICANT’S REQUEST

Her deceased husband’s records be corrected to show that 33 additional months of Transfer of Educational Benefits (TEB) were allocated to his wife for redistribution.

APPLICANT’S CONTENTIONS

Her husband completed a Transfer of Entitlement request in 2010 following guidance received during Transition Assistance Program (TAP) counseling.  He assigned one month of his education benefit to each of his two children and his spouse, which the Air Force formally approved shortly thereafter.  On a number of occasions during her husband’s military career and in retirement, he expressed his desire to give his entire education benefit to his children.  Her husband would most certainly have completed the necessary administrative actions to make this happen had it not been for his untimely death in 2018.

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

STATEMENT OF FACTS

On 1 Jun 10, the applicant retired from the Air Force in the grade of master sergeant (E-7) after serving 23 years, 7 months and 22 days of active service.

Defense Manpower Data Center records indicate that the applicant applied for TEB on 26 Mar 10, allocating one month of education benefits to each of his two children and his spouse.  The application was approved on 29 Mar 10.

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.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice on the part of the Air Force.  Defense Manpower Data Center records show the applicant applied for TEB on 26 Mar 10.  The application was approved with no additional obligation.  The applicant retired effective 1 Jun 10.  The applicant states proper counseling was received during TAPS.  It is common practice to advise members to allocate at least one month of benefits to each dependent to secure eligibility.  To grant relief would be contrary to the criteria established by the following law and/or DoD guidance: 38 U.S.C., Section 3319, The Colmery Act and DoD Instruction 1341.13, Enclosure 3.  Should the Board elect to grant the request, the applicant’s record should be corrected to show 33 additional months were allocated to his wife for redistribution.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 22 Aug 19 for comment (Exhibit D), and the applicant replied on 1 Sep 19, 11 Sep 19 and 27 Sep 19.  In her response, the applicant contends that prior to retirement, Air Force members are instructed to assign and give at least one month of Post 9/11 GI Bill education benefits to each dependent.  They are told that after that time they can reassign months.  However, they are not told that if they die before reassigning the rest of the months, the ability to do so does not get transferred to their spouse.  She is asking to allow her deceased husbands remaining months of his education benefit to be assigned to his dependents.  She provides several letters of support.

The applicant’s complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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

3.   After reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice.  While the Board notes the recommendation of AFPC/DP3SA against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  In this respect, the former member allocated a month of benefits to each of his dependents demonstrating his desire to provide education benefits to his dependents.  The Board finds that by not allowing the remaining months to be allocated to his spouse for redistribution would be an injustice.  Therefore, the Board recommends correcting the former member’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 31 May 2010, he elected to transfer 33 additional months of his Post-9/11 GI Bill Educational Benefits to his spouse.

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-2019-02135 in Executive Session on 17 Dec 19:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Apr 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 15 Aug 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 22 Aug 19.
Exhibit E:	Applicant’s responses, dated 1 Sep 19, dated 11 Sep 19 and postmarked 27 Sep 19.

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