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 applicants 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 applicants 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 applicants 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 applicants 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. Applicants 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
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