RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02890
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependents.
APPLICANT CONTENDS THAT:
In 2010, he applied and was approved to transfer his benefits to his dependents. However, when he initially made the transfer, he only allotted months of his TEB to his two oldest daughters and made a mistake by not allotting the minimum 1-month of benefits to his two youngest daughters as well. At the time he made the transfer, he had the understanding that as long as he had an approved TEB and had his dependents listed in DEERS then he could transfer months at any time. He now wishes to make the transfer, because his two older daughters have not used any of the benefits and he would like to allow his other two daughters the opportunity to attend college.
The Board should find it in the interest of justice to consider his untimely application because the date of error is in fact the date of his retirement on 1 Oct 13 as this was the date he was supposed to have made the final transfer.
In support of his appeal, the applicant submits his MilConnect and E-Benefits print-out verifying that he transferred 1-month of benefits to his two oldest daughters and an e-mail he sent to AFPC/DPSIT explaining his situation with the TEB.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
During the events under review the applicant was serving in the grade of master sergeant (E-7).
On 19 Jan 10, the applicant was approved for TEB and incurred a
3-year Active Duty Service Commitment (ADSC).
On 1 Oct 13, the applicant retired from Active Duty and fulfilled his commitment to transfer his benefits.
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 B.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The application is not supported with evidence that he was a victim of an error or injustice. The system does not arbitrarily drop months of benefits previously allocated to a dependent via MilConnect and can only be zeroed through the revoke option. The applicant failed to allocate a month of benefits in MilConnect to all eligible dependents during his initial application and by regulation they are now ineligible.
If the Board finds there was an injustice, Air Force Personnel Center technicians will restore 1-month of benefits to his remaining eligible dependents through the Defense Manpower Data
Center/TEB website, effective the same date as the initial transfer (5 June 10).
A complete copy of the AFPC/DPSIT evaluation is at Exhibit B.
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 C). 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. 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-2014-02890 in Executive Session on 23 Mar 15, under the provisions of AFI 36-2603:
XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jul 14.
Exhibit B. Letter, AFPC/DPSIT, dated 4 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.
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