RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03438

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be allowed to redistribute his Post-9/11 GI Bill education benefits (TEB) to his stepdaughter.   

APPLICANT’S CONTENTIONS

Prior to his retirement in 2010, he transferred his education benefits to his dependents.  When completing the forms he was advised to allocate at least one month of benefits to each of his family members and he could redistribute those months later.  Not knowing which dependent would use the benefits he split his 36 months of benefits equally to each of his four dependents.  

In 2020, his stepdaughter was accepted to Colorado University and when she applied for the certificate of eligibility (COE), it showed that she was eligible, but had zero months and zero days available.  When he checked MilConnect, it reflected 12 months allocated to his wife, and 24 months to his other daughter, who he hasn’t seen in six years.  He knows that he would not have set any of his benefits to reflect zero months for his eligible dependents.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve staff sergeant (E-5).

On 20 Mar 10, according to Reserve Order #XX-XXX, dated 29 Dec 09, the applicant was assigned to the Retired Reserve and awaiting retired pay to be attained at age 60.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

ARPC/DPAT, recommends denying the applicant’s request to reallocate benefits to his stepdaughter. On 2 Aug 09, the applicant’s stepdaughter was added to DEERS and was therefore eligible to receive TEB benefits; however, the applicant did not allocate any months to either of his stepchildren.  According to the Benefits for Education Administrative Services Tool (BEST), on 7 Feb 10, the applicant transferred his Post 9/11 GI Bill TEB benefits and allocated 24 to his daughter and 12 months to his spouse.   Furthermore, the BEST tool does not reflect that the applicant made any attempt in MilConnect to update the TEB distribution months at any time prior to his retirement.  In accordance with Directive-Type Memorandum (DTM) 09-003, dated 22 Jun 09, 09-003, paragraph 3.g.(2).(a).2, “an individual may not add dependents after retirement or separation from the Armed Force, but may modify the number of months of the transferred benefit or revoke transferred benefit after retirement or separation for those dependents who had received transferred benefits prior to separation or retirement.” 

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 5 May 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPAT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-03438 in Executive Session on 20 Jul 21:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 24 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAT, w/atchs dated 22 Dec 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 5 May 21.

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.