RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00869
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to his dependent.
APPLICANT CONTENDS THAT:
He was not advised nor was he aware of the process on
transferring his Post-9/11 GI Bill benefits to his two children,
due to a medical condition and ongoing medical issues prior to
his medical retirement.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 27 August 2010, the applicant retired in the grade of
lieutenant colonel under the provisions of AFI 36-
3212 (Disability Permanent). He served 19 years, 8 months and
7 days on active duty.
AIR FORCE EVALUATION:
AFPC/DPTT recommends denial. DPTT states the applicant
transferred all 36 months of his Post-9/11 GI Bill benefits to
his daughter prior to his retirement on 28 August 2010. At that
time, he could have transferred a portion of his benefits to his
son. Since he had 20 plus years of satisfactory service as of
1 August 2009, he did not incur a Reserve service obligation.
His daughter is no longer enrolled in school and he is
requesting that the remaining months of his benefits be
transferred to his son.
In accordance with DoDI 1341.13, Enclosure 3, 3.f.(2)(a)2., An
individual may not add family members after retirement or
separation from the Military Services, USCG, NOAA Corps, or PHS,
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. The
DoDI clearly states that allocations cannot be made to a new
family member after retirement or separation. Relief should not
be granted as it will set the precedent to allow all others
before and after to request adjustments to an allocation made
prior to retirement or separation. All members have the
opportunity to allocate at least one month to each dependent on
their Defense Enrollment Eligibility Reporting System (DEERS)
prior to retirement or separation. The option to reallocate
benefits after retirement or separation then remains available
to the members. The decision to pass unused benefits to
dependents is not to be taken lightly and should be done with
full knowledge and consideration of the parameters of the
program. The transfer of benefits is not an entitlement of the
Post-9/11 GI Bill program but an opportunity if the requirements
are met. This particular members dependent may retain unused
benefits and decide to return to school at any time prior to the
dependents 26th birthday.
The DPTT complete evaluation, with attachment, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he was briefed at the Beale Air Force Base
education office in June of 2009 that when he initiated the
transfer of benefits to his daughter - that if she did not use
the entire benefit, he could then modify the transfer and
identify a second dependent at a later date.
The applicants complete response, with attachment, 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicants contentions are duly noted; however, we agree with
the opinion and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for
our conclusion that the applicant has not been the victim of an
error or injustice. We note that a dependent cannot be added to
a service members TEB after he/she has separated or retired
from military service. Therefore, in the absence of evidence to
the contrary, we find no basis to recommend granting the relief
sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or an injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
The following members of the Board considered AFBCMR Docket
Number BC-2014-00869 in Executive Session on 20 February 2015,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 February 2014, w/atchs.
Exhibit B. Applicants Available Master Personnel Record.
Exhibit C. Letter, ARPC/DPTT, dated 29 April 2014, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 19 September 2014.
Exhibit E. Letter, Applicant, dated 24 September 2014,
w/atch.
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