RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04080
		
	 	COUNSEL:  NONE

		HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to all his dependents, not just his daughter, while on active duty.  


APPLICANT CONTENDS THAT:

He filed for the Transfer of Educational Benefits (TEB) for all his eligible dependents according to provided guidelines.  Although he complied with all the prerequisites for the TEB to his eligible dependents, benefits were only transferred to his daughter as his remaining dependents names were eliminated.  He was made aware that many military members who were first to use the system in 2009, later discovered their dependents were eliminated from the system without cause.  

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


STATEMENT OF FACTS:

On 1 Jul 10, the applicant was retired in the grade of master sergeant (E-7).  

According to NGB/A1Y, on 26 Jul 09, the applicant applied for TEB and transferred benefits to his daughter.  

The remaining relevant facts pertaining to this application is described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.  


AIR FORCE EVALUATION:

NGB/A1Y recommends denial, indicating the applicant did not transfer benefits to all his eligible dependents prior to retirement in accordance with Department of Defense Instruction (DoDI) 1341.13.  Specifically, an individual may not add family members after retirement or separation 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 information was published on government-hosted websites prior to the effective date of the Post-9/11 GI Bill.  The applicant’s Post 9/11 GI Bill program manager for the Air National Guard (ANG), at the time of his retirement, indicated all members out-processing through her office received a Post 9/11 GI Bill separations briefing and emphasis was made to transfer at least one month of benefits to each eligible dependent.  They were further briefed that once they retire or separate, dependents not previously designated to receive transferred benefits, were ineligible at a later date.  She further indicated that copies of separation checklists were not kept; therefore, she does not have a record of the applicant out-processing through her office.  Nevertheless, the applicant’s current Post-9/11 GI Bill program manager for the Air National Guard (ANG) indicated the TEB website showed the applicant only transferred benefits to his daughter on 26 Jul 09.  Although his son met the criteria to receive transferred benefits, the applicant must have transferred at least one month of benefits to his son prior to his retirement for eligibility of TEB.  As such, the applicant is not authorized to add his son to his current TEB request.  If the decision is to grant the relief sought, the applicant’s records should be corrected to show he transferred benefits on 30 Jun 10.  

The complete copy of the NGB/A1Y evaluation is at Exhibit C.  


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues he added all his eligible dependents prior to his retirement; however, only one of his dependents appeared on the listing.  He was informed that there are many cases of dependents being dropped or missing, especially those military members that were the first to use the systems in 2009.  He further argues that although he applied for the Post 9/11 GI Bill benefits in 2009 for his dependents, through no fault of his own, three of his four dependents are not accounted for to receive the Post-9/11 GI Bill educational benefits.  However, at this time, he is requesting the correction of his records because his son in college has very limited financial aid, and without the Post-9/11 GI Bill benefit, he will be forced to leave school.  

A complete copy of the applicant’s response, with attachments, is at Exhibit E.  




THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant contends there were systemic technical difficulties at play during the early stages of the Post-9/11 GI Bill transfer of education benefits (TEB) program which caused his TEB elections to not process properly.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response, we believe that corrective action is warranted.  While noting the recommendation of the Air Force OPR to deny the applicant’s request, we are aware that problems occurred during the early stages of implementing the TEB program that adversely impacted the ability of eligible participants to transfer benefits to their dependents.  Given the timeframe of the applicant’s efforts to transfer benefits to his dependents, we find it reasonable that actions beyond his control prevented a successful transfer of benefits.  We further note, if the recommendation is to grant relief, the OPR recommends the effective date for the TEB should be 30 Jun 10.  However, we find sufficient evidence to conclude it was the applicant’s intent to transfer entitlement of educational benefits to all his eligible dependents on the effective date of his original election dated 26 Jul 09.  Therefore, we recommend the applicant’s 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 issues involved.  Therefore, the request for a hearing is not favorably considered.  



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 26 Jul 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents.  


The following members of the Board considered AFBCMR Docket Number BC-2013-04080 in Executive Session on 1 Jul 14, 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 AFBCMR Docket Number BC-2013-04080 was considered:

	Exhibit A.  DD Form 149, dated 21 Aug 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, NGB/A1Y, dated 3 Oct 13, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Nov 13. 
	Exhibit E.  Letter, Applicant, dated 11 Dec 13, w/atch.
						






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