RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02282
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to redistribute his remaining Post-9/11 GI Bill benefits (TEB).
APPLICANT CONTENDS THAT:
He only had one of his daughters listed as a recipient of all
36 months of TEB benefits. He retired on 31 May 11 and when he made the transfer he did not realize she would not need the entire amount to finish her bachelors degree.
Prior to his retirement he was not informed that it would be prudent to include all eligible daughters for at least a minimum of 1 month of the TEB benefits. If this information would have been properly conveyed he would have added his other daughters, thus giving him the flexibility to redistribute his benefits. This is a relatively new program and he does not believe that everyone fully understood the options and the correct approach to transfer benefits.
The Board should find it in the interest of justice to consider his untimely application because at the time he made the transfer he did not realize there would be 7 months of his TEB benefits remaining. It was not until his daughter graduated in May 14 that he noticed she had only used approximately 29 of the 36 months available.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
During the events under review, the applicant was serving in the Air National Guard in the grade of Lieutenant Colonel (O-5).
AFI 36-2306, Attachment 9, Para A9.18.7.2.3, dated 13 Aug 10, states A Veteran may modify entitlement or revoke entitlement among only those dependents who were designated to receive transferred benefits prior to separating from the Armed Forces. Veterans who transferred entitlement prior to separating or retiring from the Armed Forces may not add new dependents after separation or retirement.
Title 38 USC, Chapter 33, 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
NGB/A1Y recommends denial. Department of Defense Instruction (DoDI) 1341.13, Post-9111 GI Bill, 31 May 13, Enclosure 3, paragraph (f)(1) states that an individual may not add family members after retirement or separation from the Uniformed Services. Furthermore after contacting the applicants former unit, the Retention Office Manager stated he was briefed to distribute the benefits in Aug 10 and specifically recalls explaining the importance of transferring the benefit and proper month distribution before retirement. Based on this information the applicant failed to distribute his benefits prior to his retirement in accordance with DODI 1341.13.
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 Jun 14 for review and comment within 30 days (Exhibit D).
The applicant states, in reference to the statement made by the Retention Office Manager, she specifically uses the term, recalls. However, he does not recall ever being told to spread the benefits between all eligible dependents. In fact, he recalls that the benefits he received would be enough to help partially through a four year college program for one of his dependents. Therefore it was not conveyed that it would be logical to spread the benefits to all his dependents in case some of the benefits were left over and that after retirement he would not have that option.
He believes that based on the term recall, the board should lean towards the member, since he is the one who needs to fully understand the benefits. He is not asking for extra benefits, just the ones he earned while serving in Afghanistan.
Again, he hopes the board can see that he is requesting the remaining months be made available to his other daughters. If he would have realized the need to transfer the benefits prior to his retirement, he would have ensured that it was done correctly at that time.
The applicants complete response, with attachments, 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; 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 the applicant has not been the victim of an error or injustice. 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2014-02282 in Executive Session on 23 Mar 15, under the provisions of AFI 36-2603:
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The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02282 was considered:
Exhibit A. DD Form 149, dated 3 Jun 14.
Exhibit B. Master Personnel Records
Exhibit C. Letter, NGB1/AY, dated 16 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Jun 14.
Exhibit E. Applicants Rebuttal, dated 7 Jul 14, w/atchs.
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