RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00145 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show that he redistributed his Post- 9/11 GI Bill educational benefits to his dependents. APPLICANT CONTENDS THAT: He completed the process for TEB as instructed. After his retirement, he logged in to MilConnect to transfer nine (9) months to his stepson but the only dependent listed is his wife. His children were no longer listed. He contacted the Department of Veterans Affairs (DVA) and was advised this could be corrected but the Air National Guard (ANG) advised that it could not. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: Transferability of Unused Education Benefits to Family Members. Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post- 9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. The Defense Manpower Data Center (DMDC) reflects the applicant was approved for Transfer of Education Benefits (TEB) to his wife on 25 Jul 12. Per DODI 1341.13, Enclosure 3, paragraph (f)(1), an individual may not add family members after retirement or separation from the Uniformed Services. Per Reserve Order EK-1968 dated 1 Feb 13, the applicant was placed on the Retired Reserve List effective 7 Apr 13, in the grade of Chief Master Sergeant (CMSgt, E-9). AIR FORCE EVALUATION: NGB/A1Y recommends denial. The applicant did not redistribute his benefits from his wife to his children prior to his retirement as required by DODI 1341.13, Post-9/11 GI Bill, Enclosure 3, paragraph (f)(1), which states that an individual may not add family members after retirement or separation from the Uniformed Services. A1Y states the applicant was briefed on the importance of transferring the benefit and proper distribution before retirement by his unit’s Retention Office Manager. The applicant also attended Yellow Ribbon briefings following his return from deployments. The complete A1Y evaluation is at Exhibit B. APPLICANT’S REVIEW OF AIR FORCE EVALUATION: He was well aware that the educational benefits could not be transferred after his retirement and remained in the ANG an additional 6 months waiting approval of his TEB. He transferred 24 months of his benefit to his wife with the intent to divide the remainder at a later time. He was not formally briefed and was provided limited information. He was given basic instruction which he believed he had followed and is not attempting to transfer his benefits after the fact. When he discovered his wife was the only dependent listed eligible for his benefits, he contacted the ANG and was advised that he needed to contact state headquarters. He attended several Yellow Ribbon briefings but does not recall any specific briefings on TEB. It was his understanding that the Retention Office had the responsibility to assist with this process. He contacted state headquarters and was told they could not assist him because he was retired. He was directed to apply to the Board by his Congressman’s office. The applicant’s complete submission is at Exhibit D. 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, the Board majority believes that relief is warranted. The Board majority notes that A1Y states the applicant did not redistribute his benefits from his wife to his children prior to his retirement as required by DODI 1341.13. However, it is our opinion the applicant was not made aware of the steps necessary to complete the transfer of benefits to all of his dependents. In addition, the Board majority does not find it reasonable that he would have knowingly elected not to take the necessary action in order to ensure that he retained this entitlement for all of his dependents. Therefore, in the interest of justice, the Board majority recommends his records 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 25 Jul 12, he elected to have all eligible dependents receive Post-9/11 GI Bill Transfer of Educational Benefits. The following members of the Board considered AFBCMR Docket Number BC-2014-00145 in Executive Session on 16 Dec 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member By majority vote, the Board voted to correct the records as recommended. voted to deny the applicant's request but does not wish to submit a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Jan 14. Exhibit B. Letter, NGB/A1Y, dated 25 Feb 14. Exhibit C. Letter, SAF/MRBR, dated 4 Apr 14. Exhibit D. Letter, Applicant dated 11 Apr 14.