RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03027
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The transfer of his Post-9/11 GI Bill benefits (TEB) be changed to allow transfer to his other child.
APPLICANT CONTENDS THAT:
He was notified of Post-9/11 GI Bill policies regarding eligibility of dependents, which changed after he was originally briefed that he could transfer the benefit between his dependents at any time.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant retired from the regular Air Force in the grade of technical sergeant (E-6).
According to the Defense Manpower Data Center (DMDC) application, the applicant was approved for TEB and transferred all 36 months to only one of his dependents.
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. There is no record in DMDC that the applicant wanted to assign any months of his TEB to his other child. According to the Submit Transfer Request in DMDC, the member assigned all 36 months to one of his two children. In accordance with AFI 36-2306, Attachment, paragraph A9.18.7.2.3, states: "A Veteran may modify entitlement or revoke entitlement among only those dependents that were designated to receive transferred benefits prior to separating from the Armed Forces." According to current law and regulation, and due to the fact there is no evidence in DMDC that the applicant ever assigned months to his other child, TEB eligibility cannot be determined.
If the Board finds there was an injustice, Air Force Personnel Center technicians will transfer the remaining 12 months of benefits to his other child.
A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, was forwarded to the applicant on 17 Nov 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 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-2014-03027 in Executive Session on 11 May 15, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Sep 14.
Exhibit B. Letter, AFPC/DPSIT, dated 22 Aug 14 w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 17 Nov 14.
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