RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-03183

	XXXXXXXXXXXXX		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his other dependent.  


APPLICANT CONTENDS THAT:

He was unaware of the need to give all dependents at least one month of benefits prior to retiring.  At the time he applied for the TEB he only transferred the benefits to one of his two children.  He was under the impression that he only needed to be approved for the transfer and could add dependents and transfer months of eligibility after he retired.  He states that while he was wrong in this thinking, he feels it is wrong that he can’t go back and correct the error.  

The Board should find it in the interest of justice to consider his application because he feels it is unfair that his dependents be punished for an error made by not being educated on the process of allocating one month to each dependent.  

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

During the events under review the applicant was serving in the Regular Air Force in the grade of master sergeant (E-7). 

On 29 Jun 11, according to a records pull from the Automated Records Management System (ARMS), the applicant signed a Statement of Understanding (SOU) to transfer his benefits to his dependents.

On 6 May 12, according to AFPC/DPSIT, the applicant was approved for TEB and incurred a three-year Active Duty Service Commitment (ADSC) to 5 May 15.

On 12 Apr 12, according to a records pull from the Automated Records Management System (ARMS), the applicant submitted his retirement application and indicates in the “Waiver Justification Comments,” that the waiver is for the transfer of Post 9/11-GI Bill benefits.  

On 13 Apr 12, the applicant signed a Limited Active Duty Service Component (LADSC) SOU, which states, “I understand if I previously transferred Post-9/11 GI Bill benefits to eligible dependents and I leave the Air Force under this voluntary separation program without completing the associated Active Duty Service Commitment, depending on the force management program under which I'm separated; I may forfeit the transferred benefit, and any benefits that my dependents used may be treated as an overpayment subject to recoupment by the Department of Veterans Affairs (DVA).”

On 1 Sep 12, the applicant retired under the FY12 Force Management, LADSC waiver program. 

According to PSDM 11-98, FY12 Enlisted Voluntary Force Management Programs, Page 7, Waiverable ADSCs/Service Commitments and Recoupment Obligation, “Airmen who leave the Air Force under this voluntary separation program without completing their Post-9/11 GI Bill Active Duty Service Commitment forfeit the transferred benefit, and any benefits that dependents used may be treated as an overpayment subject to recoupment by the Department of Veterans Affairs (DVA).  Airmen who wish to retain their transfer benefit may reference Attachment 3, Enlisted Palace Chase Program, for continued service in the Guard or Reserve.”

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:

AFPC/DPSIT recommends denial of the applicant’s request for two reasons, which include his failure to transfer months to each dependent and his retirement under the LADSC program.  Since the applicant specifically requests allocation of his benefits to all dependents, the OPR addressed this specific contention, stating that he failed to make his transfer prior to retiring.  However, DPSIT also found that since the applicant in fact retired under the LADSC program, he forfeited the transfer of any of his benefits to his dependents all together.

In regards to that applicant’s failure to transfer months, the application is not supported with evidence that he was a victim of an error or injustice.  The applicant did not allocate months to all dependents and by regulation they are ineligible.  Since the inception of the TEB website, when a member submits a TEB request and does not allocate months of benefits to a dependent, a message pops up which states: "Warning: You have one or more eligible family members to whom you have not transferred months.  If you do not transfer months to these individuals before you separate from the Armed Forces, you will not be able to do so afterwards.  These family members will no longer be eligible for transferred educational assistance.  Would you like to continue submitting your transfer request?"  Two options are provided: a) OK (submits the request for approval in Mil Connect) or b) Cancel (allows the member to make changes prior to submission). The applicant clicked the option to submit his request and was approved by Total Force Service Center personnel system.  When he retired effective 1 Sep 12, his dependents who were not previously allocated months of benefits became ineligible by regulation as he did not allocate at least one month of benefits to them (AFI 36-2306, Attachment 9 A9.18.7.2.3). 

Furthermore, DPSIT states that in accordance with AFI 36-2306, Attachment 9, A9.18.8.5. while the LADSC program allowed him to retire on his desired date, it is not one of the acceptable reasons to allow a member to retain TEB benefits.  In this regard, PSDM 11-98, FY12 Enlisted Voluntary Force Management Programs, Page 7, Note 1 states, ”Airmen who leave the Air Force under this voluntary separation program without completing their Post-9/11 GI Bill Active Duty Service Commitment forfeit the transferred benefit, and any benefits that dependents used may be treated as an overpayment subject to recoupment by the Department of Veterans Affairs (DVA).”  Therefore, had the applicant properly transferred his benefits prior to his retirement it would not change the fact that they lost eligibility when the applicant elected to retire under the LADSC program.  

A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit C.


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 D).  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 an 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or 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-2014-03183 in Executive Session on Wednesday, 
17 Jun 15 under the provisions of AFI 36-2603:

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The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 Aug 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 22 Oct 14, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 14.