RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-04019

XXXXXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post 9/11 GI Bill Educational benefits to his dependents.

APPLICANT CONTENDS THAT:

He did not have an opportunity to transfer educational benefits (TEB) to his dependents because this option was not available when he retired in 2005.  He would now like to take advantage of this entitlement.

The applicant's complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

According to Reserve Order EK-2899 dated 7 February 2005, the applicant was placed on the Reserve Retired List effective 30 April 2005.

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:

ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice.  The applicant was never eligible to TEB to his dependents.  The Post-9/11 GI Bill became effective on 1 August 2009, based on the Post-9/11 Veterans Education Assistance Act of 2008.  Title 38 United States Code, Chapter 33, Section 3319 (f) (1) states, “an individual approved to transfer entitlement to education 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 was not on active duty on or after 1 August 2009, therefore, he is not eligible to transfer benefits to his dependents.

A complete copy of the ARPC/DPTT evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 July 2016, 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 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 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  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-2015-04019 in Executive Session on 29 September 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04019 was considered:

Exhibit A.  DD Form 149, dated 15 November 2015, w/atch.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, ARPC/DPTT, dated 6 May 2016, w/atch.
Exhibit D.  Letter, AFBCMR, dated 5 July 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.