RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01196
			COUNSEL:  NONE
			HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill educational 
benefits to his dependents.

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APPLICANT CONTENDS THAT:

On 5 Jul 10, he transferred his educational benefits to his 
dependents, making sure each dependent was awarded three months 
to “lock them in.”  He confirmed via the Department of Defense 
(DoD) Information System and all three dependents were properly 
listed and the action was complete.

At no time did he take any actions that would have removed their 
benefit eligibility.

In support of his request, the applicant provides an affidavit 
and a timeline of events.

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

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STATEMENT OF FACTS:

The applicant retired in the grade of chief master sergeant 
effective 1 Jun 11, after serving 27 years, 3 months, and 18 
days on active duty.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is at Exhibit B.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the applicant 
retired effective 1 Jun 11.  Since 38 United States Code 
(U.S.C.), Chapter 33, Section 3319 (f)(1) states that “an 
individual…may transfer such entitlement only while serving as a 
member of the armed forces when the transfer is executed.”  
DPSIT finds there has been no injustice to the extent that the 
service member did not receive adequate counseling as required 
by law and Department of Defense regulations.  The applicant has 
failed to provide documentation that there was an error on the 
part of the Air Force.  

The applicant has not provided adequate justification or 
documentation to support his claim.  The applicant initially 
applied for the transfer of 18 months to his son, 0 months to 
his other son, and 0 months to his spouse.  The applicant 
contends that he initially applied to transfer 3 months to one 
son, 3 months to his spouse, and 18 months to his other son in 
the TEB system.  However, there is no documentation to support 
this claim.  The applicant’s Submit Transfer Request form shows 
that he designated 18 months to one of his sons.  The applicant 
states that he ensured the on-line transaction was correct.  
However, in looking at the Submit Transfer Request form at the 
time of his application, there is no indication that he 
transferred these months, otherwise it would have showed a begin 
date and the number of months assigned.  The evidence points to 
the applicant only assigning 18 months to one son.

The complete DPSIT evaluation, with attachments, is at Exhibit 
C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that the “Submit Transfer Request Form” 
referred to in the recommendation and submitted as an attachment 
is not a snapshot of his 2010 actions, but rather a current 
printout of his status.  The “trans end date” of 31 Dec 12 was 
added by him only after his son completed all of his courses in 
Dec 12.  The dispute is not what the records show now, but that 
an error occurred after his initial submission on 5 Jul 10.

In order for the TEB system to even show his dependents he would 
have had to populate the list with their names, they do not show 
up automatically.  It was his intent that they all be eligible 
for benefits.  If he only intended for one son to have all the 
benefits, his would be the only name in the system.

It is correct that he did not print out a copy of the 
transaction immediately after submittal.  Printing, storing, and 
maintaining for perpetuity every automated personnel action ever 
undertaken is an unreasonable burden and not a requirement.  He 
had every reason to believe his actions were correct and the 
system to remain accurate.

He maintains through the empirical and circumstantial evidence 
provided that he accurately listed his dependents for benefits 
in a timely manner and took every reasonable action to ensure 
the process was correct.  

The injustice caused by this minor clerical error has a 
significant financial impact on his dependents.

The applicant's complete response is at Exhibit D.

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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.  We note the 
comments of the office of primary responsibility concerning the 
steps the Air Force took to inform eligible personnel of their 
ability to transfer Post-9/11 GI educational benefits to their 
eligible dependents.  However, considering the applicant had 
additional months remaining on his TEB, we do not find it 
reasonable that he would have deliberately left out his other 
dependents.  Therefore, we find the evidence presented is 
sufficient to conclude the applicant took the necessary steps to 
transfer his benefits to his dependents.  In view of the above, 
we recommend his records be corrected as indicated below. 

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved.  
Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 5 Jul 
10, he elected to transfer his Post-9/11 GI Bill Educational 
Benefits.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-01196 in Executive Session on 16 Dec 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member



All members voted to correct the records, as recommended.  The 
following documentary evidence pertaining to Docket Number     
BC-2013-01196 was considered:

     Exhibit A.  DD Form 149, dated 4 Mar 13, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 22 Mar 13, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 31 Mar 13.
     Exhibit D.  Letter, Applicant, dated 15 Apr 13, w/atchs




                                   
                                   Panel Chair