RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01618 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His military records be corrected to show Post 9/11 GI Bill Transfer of Education Benefits (TEB) to his son. APPLICANT CONTENDS THAT: Chapter 33 did not exist until August 2009. He was unaware of the rules and regulations prior to retiring in Sep 08. Had he known of this benefit he would have remained on Active Duty. He believes it is unfair and unjust that someone retiring only a little while after him is allowed to TEB; but, he is prohibited based on his date of retirement. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 3 Dec 87, the applicant entered the Regular Air Force. On 30 Sep 08, the applicant retired and was credited with 20 years, 09 months, and 28 days of active service. On 1 Aug 09, service members became eligible to transfer Post 9/11 GI Bill benefits to their 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 C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. By law and DoD regulations, the program for the TEB started 1 Aug 09. DPSIT notes that 38 USC Chapter 33, Section 3319 (f) (1) states: “an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.” The applicant is ineligible to transfer educational benefits because he retired before the program became active. To grant relief would be contrary to the criteria established by DoD Instruction 1341.13, Post-9/11 GI Bill, Enclosure 3 and AFI 36-2649, Voluntary Education Program, both in effect at that time. 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.  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 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-2015-01618 in Executive Session on 28 Jan 16 under the provisions of AFI 36-2603: , ., Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01618 was considered: Exhibit A.  DD Form 149, dated 13 Apr 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIT, dated 13 Jul 15. Exhibit D.  Letter, SAF/MRBR, dated 03 Nov 15.