RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01110
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred at least one month
of his Post-9/11 GI Bill Education Benefits (TEB) to his daughter
while on active duty.
APPLICANT CONTENDS THAT:
He was not properly advised how to distribute TEB among
dependents. At the time he properly transferred his TEB to his
son, the program was new and he was told as long as his dependents
were in Defense Enrollment Eligibility Reporting System (DEERS),
he could redistribute funds at a later date, if he so chose. His
son is now unable to complete college and he would like to
redistribute his remaining benefits to his daughter; however, the
Department of Veterans Affairs (DVA) has denied his daughters
claim for TEB.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 15 Sep 83, the applicant initially entered the Air National
Guard (ANG).
In November of 2009, according to information provided by the
applicant, the applicant properly transferred his Post-9/11 GI
Bill education benefits to his oldest child (son).
On 30 Sep 11, the applicant was relieved from the ANG and retired,
effective 1 Oct 11, and was credited with 28 years, 9 months, and
9 days of Reserve service.
On 3 Mar 14, according to information provided by the applicant,
the applicants youngest child (daughter) was denied TEB by the
DVA.
The remaining relevant facts pertaining to this application are
described in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which are included at Exhibit C.
AIR FORCE EVALUATION:
NGB/A1Y recommends approval, indicating there is evidence of an
error or injustice. After a search of the applicants record, a
record of transfer and completed service obligation as of 1 Aug 09
was found. The Retention Office Manager at the applicants
former unit stated she briefs all unit members on the
requirements for TEB; however, during the timeframe the
applicant completed his TEB package, it was not briefed or
widely known that each dependent needed to have at least one
month transferred to them in order to remain eligible for the
benefit after the member's retirement. The applicant has
qualifying service for TEB and meets all other criteria to
transfer the education benefit to his dependent daughter in
accordance with Public Law No. 110-252.
A complete copy of the NGB/A1Y 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 27 Oct 14 for review and comment within 30 days (Exhibit E).
As of this date, no response has been received by this office.
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. We took notice of the
applicant's complete submission in judging the merits of the case
and agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt its rationale as
the basis for our conclusion the applicant has been the victim of
an error or injustice. Therefore, we recommend the applicant's
records be corrected as indicated below.
4. The applicants 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 1 Aug 09,
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-2014-01110 in Executive Session on 20 Feb 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Panel Member
, Panel Member
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2014-01110 was considered:
Exhibit A. DD Form 149, dated 12 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, NGB/A1Y, dated 27 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.
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