RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04046

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

He be authorized Post-9/11 GI Bill Transfer of Eligibility Benefits (TEB).

APPLICANT CONTENDS:

He was told by the Military Personnel Flight (MPF) he was approved for TEB, and he fulfilled the one-year service commitment which was required at the time.  He has since found out he was not approved.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 5 Dec 89.

On 23 May 11, the applicant retired after serving 21 years, 5 months, and 19 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/DP3SA recommends denial indicating there is no evidence of an error or an injustice.  In accordance with AFI 36-2306, Voluntary Education Program, for approval of TEB benefits members must complete and sign an AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU).  Defense Manpower Data Center records show the applicant applied for TEB via MilConnect on 2 Mar 10.  The applicant received a message on the MilConnect website when he applied for TEB which reads:

“IMPORTANT NOTICE:  YOUR TRANFER REQUEST IS NOT FINAL UNTIL YOU DIGITALLY SIGN AF FORM 4406 IN VIRTUAL MPF (UNLESS YOU HAVE COMPLETED 20 YEARS OF ACTIVE FEDERAL SERVICE OR 20 QUALIFYING YEARS UNDER TITLE 10 OF THE UNITED STATES CODE ON OR BEFORE 1 AUG 09).  Within 72 duty hours, you will receive an Air Force Personnel Center (AFPC) email with ‘TEB INCIDENT’ in the subject line, stating your AF Form 4406 is ready for signature.  If you do not receive this email, call the Total Force Service Center (TFSC) at 1-800-525-0102 ASAP! “  

The applicant’s request was rejected on 17 Mar 10 because he failed to sign the required SOU.  The applicant retired effective 23 May 11.  The member does not provide sufficient evidence of an error or injustice on the part of the Air Force.  

A complete copy of the AFPC/DP3SA 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 6 Apr 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 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:

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-2015-04046 in Executive Session on 29 Sep 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04046 was considered:

	Exhibit A.  DD Form 149, dated 10 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 3 Feb 16.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Apr 16.

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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.