RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02375

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

She be authorized to transfer her Post-9/11 GI Bill Educational Benefits (TEB) to her dependent.  

APPLICANT CONTENDS THAT:

She was unaware of the rules governing TEB at the time of her retirement. 

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Air Force Reserve in the grade of Technical Sergeant during the matter under review. 

Under Reserve Order EK-8848, dated 12 Sep 07, the applicant was assigned to the Retired Reserve List, effective 2 Sep 07.

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:

NGB/A1Y recommends denial indicating there is no evidence of an error or an injustice.  The Post-9/11 GI Bill Program, which included the authority to transfer educational benefits (TEB), was  enacted in Public Law No 110-252, and became effective 1 Aug 09.  Public Law No 110-252, § 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.”  Therefore, TEB was limited to those individual serving on active duty on for after 1 Aug 09.  The applicant retired on 1 Sep 07, prior to the effective date of the Post-9/11 GI Bill TEB authority, and is therefore not eligible for TEB. 

A complete copy of the NGB/A1Y 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 1 Feb 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 she 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.  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-2015-02375 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-2015-02375 was considered:

	Exhibit A.  DD Form 149, dated 2 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1Y, dated 6 Jan 16.
	Exhibit D.  Letter, SAF/MRBR, dated 1 Feb 16.