RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00401
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to reflect he made a timely election to terminate his Survivor Benefit Plan (SBP) coverage effective 4 June 2013.
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 is still paying SBP premiums although he cancelled the coverage. The Defense Finance and Accounting Service (DFAS) would not honor his termination of the SBP coverage because they indicated the cancellation was not received by their office between the allotted 25th to 36th month timeframe. However, he and his spouse made a timely election to cancel, which was also signed by a SBP counselor; therefore, his verified election date for cancellation of coverage should be honored.
He filed for the Transfer of Educational Benefits (TEB) for all his eligible dependents prior to retirement. Specifically, on 29 December 2009, he transferred one year to his spouse, two years to his daughter, and one year to his son. However, it appears benefits were only transferred to his daughter through MilConnect. As such, his son was denied benefits.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 1 September 2010, the applicant was retired in the grade of master sergeant (E-7).
According to AFPC/DPSIT, on 29 December 2009, the applicant applied for TEB and transferred benefits to his daughter.
On 20 February 2014, AFPC/DPFFF notified the applicant that DFAS was working to terminate SBP coverage as he requested.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial of the applicants request to transfer his Post-9/11 GI Bill educational benefits to all his dependents. According to the applicants Submit Transfer Request and the Family Member History Information, only 24 months transferred to his daughter and none to his spouse or son. Also, his Approval Letter only shows his daughter with 24 months. If the applicant transferred any months to his spouse and son, it would reflect on the Family Member History Information sheet. By current law and regulation, a member is required to transfer entitlement for educational assistance only while serving as a member of the uniformed service. Since the applicant never transferred benefits to his son while on active duty, he is not allowed to adjust benefits after retirement.
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 15 September 2014 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the applicants request for his records to reflect he made a timely election to terminate his SBP coverage, effective 4 June 2013. In this respect, we note AFPC/DPFFF notified the applicant indicating DFAS was working to terminate his SBP as requested. We have been advised by DFAS officials that the termination of his SBP coverage became effective 1 July 2013 and was reflected in his pay, effective 1 May 2014. As such, the applicant was provided a credit of SBP costs for the period 1 July 2013 through 31 March 2014. Furthermore, the applicant has indicated that the relief provided is satisfactory. In view of this and in the absence of evidence to the contrary, further Board action on this request is not required.
4. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice with regard to his Post-9/11. The applicant contends his Post-9/11 GI Bill transfer of educational benefits (TEB) elections were flawed because they were only transferred to his daughter when he elected to transfer benefits to all his dependents. After a thorough review of the evidence of record and the applicants complete submission we believe that corrective action is warranted. While noting the recommendation of the Air Force OPR to deny the applicants 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 the applicant indicated he put forth efforts to transfer benefits to his dependents, we find it reasonable to conclude by a preponderance of the evidence that matters beyond his control prevented a successful transfer of benefits, resulting in an error or injustice. We find sufficient evidence to conclude it was the applicants intent to transfer entitlement of educational benefits to all his eligible dependents on the effective date of his original election dated 29 December 2009. Accordingly, we recommend the applicants 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 29 December 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-2014-00401 in Executive Session on 20 February 2015, 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-2014-00401 was considered:
Exhibit A. DD Form 149, dated 21 January 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 7 March 2014, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 15 September 2014.
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