RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01355
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
spouse and daughter, rather than just his son.
________________________________________________________________
APPLICANT CONTENDS THAT:
Based on the information provided, he was never told of the
requirement to enter the number 1 for each dependent, into the
Transfer of Education Benefits (TEB) database, to allow his
dependents to remain eligible for TEB after his retirement from
the Armed Forces.
In support of his request, the applicant provides a copy of an
electronic communiqué.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired effective 1 Oct 2011.
Post-9/11 GI Bill Transferability: Any member of the Armed
Forces (active duty or Selected Reserve, officer or enlisted) on
or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air National Guard. Accordingly, there is no need to recite
these facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/AlY recommends approval. A1Y states that Public Law No.
110-252, section 3319 (f)(2)(A) states: "In General - An
individual transferring entitlement under this section may
modify or revoke at any time the transfer of any unused portion
of the entitlement so transferred." Directive-Type Memorandum
(DTM) 09-003- Post-9/11 GI Bill, 22 Jun 2009, (reissued 14 Sep
2011) attachment 2, paragraph 3g (2) (a) 2 states: "An
individual may not add dependents after retirement or separation
from the Armed Forces, but may modify the number of months of
the transferred benefit after retirement or separation for those
dependents who had received transferred benefits prior to
separation or retirement." Both of these documents were
published on government-hosted websites prior to the effective
date of the Post-9/11 GI Bill. While the applicant did not
designate his spouse and daughter to receive benefits prior to
his retirement as defined in DTM 09-003, there is no indication
he received the proper guidance when submitting the transfer
request. Additionally, the transfer worksheet specifically
states "can modify or revoke my election at any time."
The complete A1Y evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 31 May 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit C).
________________________________________________________________
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 applicants
complete submission, we believe it is in the interest of justice
to recommend granting the requested relief. Therefore, 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 the applicant has been the victim of an error or
injustice. Accordingly, we recommend his records be corrected
as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that effective
3 Jun 2011, he elected to transfer his Post-9/11 GI Bill
Educational Benefits to his spouse, son and daughter, rather
than just his son.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 2 Jul 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered in AFBCMR BC-2013-
01355:
Exhibit A. DD Form 149, dated 13 Mar 2013, w/atch.
Exhibit B. Letter, NGB/A1Y, dated 16 May 2013, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 31 May 2013.
Panel Chair
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