RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03213
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The transfer of his Post-9/11 GI Bill benefits (TEB) to his dependents be restored.
APPLICANT CONTENDS THAT:
He believes the record in question is in error and unjust because it is showing only his son eligible for the remaining 18 months of his educational benefits and not all of his dependents. When he initially applied, he was instructed to transfer at least one month of benefits to each of his dependents and did so knowing that he could adjust them at will even after retirement. However, after he retired, he tried to enroll his son into college to use the benefits and found out that the transaction did not take place.
He had every expectation that his dependents could use these benefits not only to help alleviate the present cost of tuition, but to give them peace of mind about future tuition costs. He is unsure of the exact time frame of submitting the split disbursement of benefits amongst his dependents, but his intention was to give at least one month of benefits to each family member and not the whole amount to one dependent.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
During the events under review the applicant was serving in the grade of technical sergeant (E-6).
On 18 Aug 12, the applicant was approved for TEB and incurred an
Active Duty Service Commitment (ADSC) to his High Year of Tenure date (HYT).
On 1 Jun 14, 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 applicant did not allocate months to all dependents and by regulation they are now 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 Jun 14, 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).
If the Board finds there was an injustice, Air Force Personnel Center technicians will restore one month of benefits to both his dependents through the Defense Manpower Data Center/TEB website, effective the same date as the initial transfer (8 Aug 12).
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 23 Dec 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-2014-03213 in Executive Session on 11 May 15, under the provisions of AFI 36-2603:
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The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jul 14.
Exhibit B. Letter, AFPC/DPSIT, dated 23 Sep 14 w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 23 Dec 14.
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