RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-04059
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His ability to transfer any/all remaining Post 9/11 GI Bill
Education Benefits to his daughter be restored.
APPLICANT CONTENDS THAT:
On 20 Jul 09, he requested Transfer of Education Benefits (TEB)
to his daughter. The ability to transfer Post 9/11 GI Bill
education benefits was a new program at the time and he was
unfamiliar with the policies and procedures of the program.
Based on DoDI 1341.14, he believed he could modify or revoke the
benefit at any time.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 3 Jun 83.
On 5 Jan 11, he signed his pre-separation checklist indicating
yes next to item 13a, Education benefits (Montgomery GI,
Bill, Veterans Educational Assistance Program, Vietnam-era,
etc.).
On 31 Mar 11, the applicant was relieved from active duty and
retired, effective 1 Apr 11. He was credited with 27 years, 9
months and 28 days of active service.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating the applicants
dependent child is past the age for transfer of benefits and
therefore he cannot restore eligibility to his daughter. The
record in the Defense Manpower Data Center (DMDC) shows that the
member assigned 22 months to his daughter on 1 Aug 09. While
the DoDI 1341.13, Enclosure 3, paragraph 3f(2)(a)2 states: An
individual may not add family members after retirement or
separation from the Military Services but may modify the number
of months of transferred entitlement or revoke transfer of
entitlement after retirement or separation for those family
members who have received transferred benefits prior to
separation or retirement. The child receiving those benefits
has to have those benefits transferred prior to age 23. AFI 36-
2306, The Air Force Education Service Program, Attachment 9,
paragraph A9.18.2.2.1 states: who is under twenty-three years
of age.
Additionally, the MilConnect website under Q&A states:
Question: Who is eligible to receive transferred education
benefits? Answer: Service members may transfer Post-9/11 GI
Bill benefits to:
1.The Service members spouse
2.One or more of the Service members children
3.Any combination of the spouse and children
-Children must be enrolled in DEERS to receive transferred
benefits. Children age 18 through 20 are eligible to
receive transferred benefits as are children who are 21 or
22 if full-time student status is established. The new
TRICARE Young Adult (TYA) program does not extend the age by
which the benefit must be transferred.
-Children age 21 through 22 years old who are attending
school less than full time, or enrolled in on-the-job
training, apprenticeships or non-college degree programs,
may still be eligible to receive transferred benefits even
though TEB application may reflect that they are ineligible.
Contact your TEB Service Representative for more
information. Please see the Education tab->Transfer of
Education Benefits (TEB)->Contact Us for a list of Service
contacts.
-Children may not use the benefit after age 26.
The complete DPSIT 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 6 Jan 15 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 applicants 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 of injustice.
While we acknowledge the applicants request to transfer Post-
9/11 GI Bill education benefits to his daughter, we do not
believe he has demonstrated evidence of an 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-04059 was considered:
Exhibit A. DD Form 149, dated 26 Sep 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 27 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 6 Jan 15.AF | BCMR | CY2012 | BC-2012-02355
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