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AF | BCMR | CY2013 | BC 2013 03975
Original file (BC 2013 03975 .txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03975
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to all 
his dependents, rather than just his son.

________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to retiring from the Air Force, he was incorrectly informed 
that his dependents listed in the Defense Enrollment Eligibility 
Reporting System (DEERS) would appear as potential Post-9/11 GI 
Bill beneficiaries.  He was told as long as he enacted a transfer 
to at least one dependent; the remainder of his dependents would 
be eligible to transfer after he retired. He would like to use 
these benefits for his wife; however, is not able to select her as 
a beneficiary.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 1 April 2010, the applicant elected to transfer his Post-9/11 
GI Bill educational benefits to his eldest son.  On 24 June 2010, 
he modified the request by revoking the months transferred to his 
eldest son and transferring all 36 months of benefits to his 
youngest child.

The applicant was assigned to the Retire Reserve Section and 
placed on the Air Force Reserve Retired list effective 7 December 
2012.


AIR FORCE EVALUATION:

NGB/A1Y recommends denial.  A1Y states that Department of Defense 
Instruction (DoDI) 1341.13, Post-9/11 GI Bill, 31 May 2013, 
Enclosure 3, paragraph 3.f.(2)(a)2 states "An individual may not 
add family members after retirement or separation from the 
Military Services, United States Coast Guard, National Oceanic and 
Atmospheric Administration Corps, or Public Health Service, but 
may modify the number of months of the transferred entitlement or 
revoke transfer of entitlement after retirement or separation for 
those family members who have received transferred benefits prior 
to separation or retirement."  This document incorporates 
Directive-Type Memorandum (DTM) 09-003 - Post-9/11 GI Bill, 
22 June 2009,  (reissued 20 March 2013), which was published on 
government-hosted websites prior to the effective date of the 
Post-9/11 GI Bill.

The applicant’s TEB record shows that he submitted a transfer 
request on 1 April 2010, but only transferred benefits to his 
eldest son.  The record then shows on 24 June 2010, he modified 
the request by revoking the months transferred to his eldest son 
transferring all 36 months of benefits to his youngest child, but 
did not designate his other dependents to receive benefits.

NGB/A1Y contacted the applicant’s former Retention Office Manager 
(ROM), who stated that although he did not remember speaking 
directly to the applicant about the Post-9/11 GI Bill and TEB 
programs, information on both programs were disseminated to unit 
members through various methods to included Unit Career Advisor 
briefings, commander's calls, wing newsletters, base-wide e-mails 
and informational handouts.  During the briefings, members were 
strongly advised to transfer at least month of benefits to all 
eligible dependents prior to their retirement, as dependents are 
ineligible to receive transferred benefits once a member separates 
or retires from the Armed Forces.

The ROM further stated there have been several occasions where 
members do not out-process through the Retention office, or the 
member had someone else coordinate their out-processing paperwork 
if they were out of State.  Moreover, those members who out-
processed through his office were informed that additional 
dependents cannot be added to the TEB request once they have 
separated or retired; only those dependents already designated to 
receive transferred benefits can be modified.

However, if the decision is to grant the relief sought, the 
records should be corrected to show the member transferred 
benefits to all eligible dependents on 1 April 2010.

The complete A1Y evaluation, with attachment, is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 November 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 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.  While the 
Board majority notes the steps the Air Force office of primary 
responsibility indicates were taken to inform eligible personnel 
of this new benefit, based on the available evidence, it is our 
opinion the applicant more likely than not 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 to all of his dependents, if he had known that he 
could modify or revoke the number of months of the transferred 
entitlements after his retirement.  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 1 April 2010, 
he elected to transfer his Post-9/11 GI Bill Educational Benefits 
to all of his eligible dependents, rather than just his son.


The following members of the Board considered this application in 
Executive Session on 1 July 2014, under the provisions of AFI 36-
2603:

 , Panel Chair
 , Member
 , Member

By a majority vote, the Board voted to grant the application.  Mr. 
Walker voted to deny, but did not wish to submit a Minority 
Report.  The following documentary evidence was considered in 
AFBCMR BC-2013-03975:

     Exhibit A.  DD Form 149, dated 19 August 2013.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, NGB/A1Y, dated 21 October 2013, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 8 November 2013. 





FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

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FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

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