RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00168
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependent daughter.
APPLICANT CONTENDS THAT:
He listed both his daughters on his transfer of education benefits
(TEB) request in Jul 09. However, his youngest daughter was
dropped because he failed to list the number of months for the TEB
for her.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 24 Aug 87, the applicant commenced his enlistment in the
Regular Air Force.
On 1 Sep 13, the applicant voluntarily retired and was credited
with 26 years and 7 days of active service.
The remaining relevant facts pertaining to this application are
described in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is included at Exhibit E.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends granting the applicants request noting the
applicant may not have received accurate information regarding
transferring education benefits to his dependents.
The applicant retired on 1 Sep 09 and went on terminal leave in
May 09. At the time the applicant was on terminal leave the
ability to transfer education benefits had not been approved and
there was very little information available regarding the program.
Service members of the Armed Forces who, on or after 1 Aug 09,
eligible for the Post-9/11 GI Bill, had at least six years of
service on the date of election and agreed to serve (if
applicable) a specified additional period from the date of
election, may transfer unused Post-9/11 GI Benefits to their
dependents. The transfer of such entitlements must be done while
the service member is on active duty.
The Air Force used internal media, internal communication tools,
and external trade publications via the Air Force Personnel Center
(AFPC) Commander and the Education and Training Sections at each
installation to disseminate information regarding the transfer of
education benefits to service members.
The Department of Veterans Affairs (DVA), the Department of
Defense (DoD) and the Military Services widely publicized the
Post-9/11 GI Bill and the transferability feature. DoD developed
a special website, hosted by Defense Manpower Data Center (DMDC),
to facilitate the transfer of educational benefits. The website
system was operational on 27 Jun 09 for the purpose of accepting
transfer of benefits applications.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 Jul 14 for review and comment within 30 days (Exhibit D).
As of this date, no response has been received by this office.
ADDITIONAL AIR FORCE EVALUATION:
A review of the applicants case revealed that the advisory
described above contained erroneous information relating to the
applicant. Therefore, an additional advisory from AFPC/DPSIT was
requested.
AFPC/DPSIT recommends granting the requested relief. On
20 Jul 09, the applicant submitted a request to transfer education
benefits to his dependents. His request was approved on 1 Aug 09.
He allocated 18 months to his daughter C. and none to his daughter
J. The applicant retired on 1 Sep 13.
At the time, the applicant submitted his TEB he may not have
received accurate information regarding the Post 9/11 GI Bill and
the TEB program. When he submitted his request to TEB, there was
no clear guidance on transferring education benefits to
dependents. The TEB program was new and at times the information
was not accurate and did not become clear until well after the
program was stood-up.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit E.
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
His information in the current advisory is correct. His intention
was to allocate the remaining months of his GI bill to his younger
daughter when she was ready to attend college. However, he was
not aware he needed to have allocated the remaining months before
he retired.
The applicants complete response is at Exhibit G.
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 an error or injustice. While we note the steps
the Air Force office of primary responsibility indicates were
taken to inform eligible personnel of this new benefit, and it
appears as though the applicant was timely made aware of his
eligibility to transfer his benefits to his dependents, it appears
that through no fault of his own, he was not made aware that he
would be unable to reallocate his benefits between dependents
unless some portion of the benefits were allocated to all
beneficiaries before his retirement from active duty. In
addition, we find no basis to question the applicant's account in
this matter and do not find it reasonable that he would have
knowingly elected not to pursue use of this important entitlement
for all his eligible dependents. Therefore, we recommend the
applicant's records be corrected as indicated below.
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
1 August 2009, he elected to transfer his Post-9/11 GI Bill
Educational Benefits to his dependent daughters.
The following members of the Board considered AFBCMR Docket Number
BC-2014-00168 in Executive Session on 20 Feb 15 and 11 May 15
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jan 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 16 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
Exhibit E. Memorandum, AFPC/DPSIT, dated 30 Mar 15.
Exhibit F. Letter, SAF/MRBR, dated 23 Apr 15.
Exhibit G. Email, Applicant, dated 11 May 15.
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