RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00145
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show that he redistributed his Post-
9/11 GI Bill educational benefits to his dependents.
APPLICANT CONTENDS THAT:
He completed the process for TEB as instructed. After his
retirement, he logged in to MilConnect to transfer nine (9) months
to his stepson but the only dependent listed is his wife. His
children were no longer listed.
He contacted the Department of Veterans Affairs (DVA) and was
advised this could be corrected but the Air National Guard (ANG)
advised that it could not.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
Transferability of Unused Education Benefits to Family Members.
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the
Secretary concerned, to promote recruitment and retention in the
Uniformed Services, may permit an individual eligible for Post-
9/11 GI Bill educational assistance to elect to transfer to one or
more of his or her family members all or a portion of his or her
entitlement to such assistance.
The Defense Manpower Data Center (DMDC) reflects the applicant was
approved for Transfer of Education Benefits (TEB) to his wife on
25 Jul 12.
Per DODI 1341.13, Enclosure 3, paragraph (f)(1), an individual may
not add family members after retirement or separation from the
Uniformed Services.
Per Reserve Order EK-1968 dated 1 Feb 13, the applicant was placed
on the Retired Reserve List effective 7 Apr 13, in the grade of
Chief Master Sergeant (CMSgt, E-9).
AIR FORCE EVALUATION:
NGB/A1Y recommends denial. The applicant did not redistribute his
benefits from his wife to his children prior to his retirement as
required by DODI 1341.13, Post-9/11 GI Bill, Enclosure 3,
paragraph (f)(1), which states that an individual may not add
family members after retirement or separation from the Uniformed
Services.
A1Y states the applicant was briefed on the importance of
transferring the benefit and proper distribution before retirement
by his units Retention Office Manager. The applicant also
attended Yellow Ribbon briefings following his return from
deployments.
The complete A1Y evaluation is at Exhibit B.
APPLICANTS REVIEW OF AIR FORCE EVALUATION:
He was well aware that the educational benefits could not be
transferred after his retirement and remained in the ANG an
additional 6 months waiting approval of his TEB. He transferred
24 months of his benefit to his wife with the intent to divide the
remainder at a later time.
He was not formally briefed and was provided limited information.
He was given basic instruction which he believed he had followed
and is not attempting to transfer his benefits after the fact.
When he discovered his wife was the only dependent listed eligible
for his benefits, he contacted the ANG and was advised that he
needed to contact state headquarters.
He attended several Yellow Ribbon briefings but does not recall
any specific briefings on TEB. It was his understanding that the
Retention Office had the responsibility to assist with this
process.
He contacted state headquarters and was told they could not assist
him because he was retired. He was directed to apply to the Board
by his Congressmans office.
The applicants complete submission is at 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. The Board
majority notes that A1Y states the applicant did not redistribute
his benefits from his wife to his children prior to his retirement
as required by DODI 1341.13. However, it is our opinion the
applicant 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 for all of his
dependents. 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 25 Jul 12, he
elected to have all eligible dependents receive Post-9/11 GI Bill
Transfer of Educational Benefits.
The following members of the Board considered AFBCMR Docket Number
BC-2014-00145 in Executive Session on 16 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By majority vote, the Board voted to correct the records as
recommended. voted to deny the applicant's request but does
not wish to submit a minority report. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 8 Jan 14.
Exhibit B. Letter, NGB/A1Y, dated 25 Feb 14.
Exhibit C. Letter, SAF/MRBR, dated 4 Apr 14.
Exhibit D. Letter, Applicant dated 11 Apr 14.
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