RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01490 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His military records, be corrected to show he transferred his Post 9/11 GI Bill Transfer of Educational Benefits (TEB) to his eligible dependents. APPLICANT CONTENDS THAT: He was in the process of retiring when the ability to transfer his Post 9/11 education benefits first came out. Based on his eligibility for retirement, he did not have to secure any addition service retainability. As this program was new, the personnel providing the briefings, were unaware as to how and when to apply. His daughter is now a sophomore in high school, so he started looking into how to make the transfer only to find out it was supposed to have been done prior to his retirement. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 14 Sep 88, the applicant entered the Regular Air Force. In accordance with AFI 36-2306, Voluntary Education Program, for those members who have an approved retirement date after 1 Aug 09 and before 1 Jul 10, no additional service was required for members transferring education benefits. On 31 Jan 10, the applicant retired and was credited with 21 years, 04 months, and 17 days of active service. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends approval, indicating there is evidence of an error or injustice. On 31 Mar 09, the applicant completed his Pre-Separation Checklist, which was prior to the standup of the TEB program; therefore, he could not have been briefed on the TEB requirements. Also, based on the members retirement date, had he applied for TEB, he would have incurred no service obligation with TEB approval. A complete copy of the AFPC/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 03 Nov 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 not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  However, it is in the interest of justice to excuse the failure to timely file. 3.  Sufficient 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 and 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 been the victim of an error or injustice. Therefore, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 1 August 2009, he transferred his Post 9/11 GI Bill Education Benefits to his eligible dependents. The following members of the Board considered AFBCMR Docket Number BC-2015-01490 in Executive Session on 28 Jan 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 02 Apr 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIT, dated 24 Jun 15. Exhibit D.  Letter, SAF/MRBR, dated 03 Nov 15.