RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03811
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His application for Transfer of Educational Benefits (TEB) be corrected to show his second daughter, born 15 Mar 96, as being eligible for a portion of his transferred Post-911 GI Bill educational benefits.
.______________________________________________________________
APPLICANT CONTENDS THAT:
Prior to his retirement, he was incorrectly informed that when he transferred his Post-911 GI Bill educational benefits to one of his dependents, he could redistribute it to other dependents at a later time. After retirement, he was told he couldnt redistribute his benefits because he didnt leave any percentage to his second dependent prior to separating.
The applicants complete submission is at Exhibit A.
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STATEMENT OF FACTS:
On 9 Sep 10, the applicant received preseparation counseling.
On 31 Dec 10, the applicant was released from active duty and retired, effective 1 Jan 11.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. While the applicant contends that he was mis-counseled regarding the requirement to transfer his Post-9/11 GI Bill benefits to multiple dependents so that he may later redistribute benefits among beneficiaries, he has presented no evidence whatsoever in support of his assertion that he was erroneously counseled. Additionally, when a member submits an application for the Transfer of Education Benefits through MilConnect and if the member leaves any dependents without at least one month of benefits, a pop-up appears with a warning which states: "any dependents listed that are not allocated months of benefits will become ineligible once a member retires." In addition, AFI 36-2306, Attachment 9, A9.18.7.2.3 says this: "A Veteran may modify entitlement or revoke entitlement only among those dependents who were designated to receive transferred benefits prior to separating from the Armed Forces."
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 14 Nov 13 for review and comment within 30 days. As of this date, no response has been received by this office (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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered AFBCMR Docket Number BC-2013-03811 in Executive Session on 26 Jun 14, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Aug 13.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 20 Aug 13.
Exhibit D. Letter, SAF/MRBR, dated 14 Nov 13.
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