RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01905 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive an exception to policy and be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. APPLICANT CONTENDS THAT: He was denied the ability to transfer his Post 9/11 GI Bill benefits to his daughter, because he retired in July, 2007. The rule states that he had to be on active duty in 2009 to transfer the benefits to his dependents. He is eligible for the Post 9/11 GI Bill benefit; however, he retired before the bill was passed. It is unjust for thousands of service-members who retired before 2009 and are not able to transfer this earned benefit to their dependents. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 14 Oct 83, the applicant entered the Regular Air Force. On 1 Jul 07, the applicant retired after serving 23 years, 8 months, and 17 days of active service. 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. The applicant retired effective 1 Jul 07. In accordance with DoD Instruction 1314.13, Enclosure 3 and AFI 36-2649, Voluntary Education Program, Attachment 13, A13.18.1, service members must serve on or after 1 Aug 09 to be eligible to transfer benefits. Additionally, Title 38 U.S.C., 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. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the Post 9-11 GI Bill was not offered while he was on active duty, yet the benefit encompasses 6 years of the time he was active. He certainly would have transferred his educational benefits if given the opportunity. The rule is discrimination against veterans who served after 11 Sep 01 to 1 Aug 09 and never thought the Department of Defense would abandon its veterans after dedicating 20 years of faithful service to our country The applicant’s complete response is at Exhibit E. FINDINGS AND CONCLUSIONS OF THE BOARD: Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice. We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application. Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application. Accordingly, we find the application untimely. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following members of the Board considered AFBCMR Docket Number BC-2015-01905 in Executive Session on 5 Apr 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01905 was considered: Exhibit A. DD Form 149, dated 28 Apr 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 15 Jun 15. Exhibit D. Letter, AFBCMR, dated 29 Oct 15. Exhibit E. Letter, Applicant, dated 24 Nov 15.