RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04103

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

He be authorized to transfer Post-9/11 GI Bill Educational Benefits (TEB) to his dependents. 

APPLICANT CONTENDS:

He served on active duty for almost 10 years and was medically discharged after suffering a career ending injury.  Had he not been injured, he would have stayed in the Air Force for at least 20 years and would have still been on active duty in 2009 when the Post-9/11 GI Bill was implemented.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 19 Jul 95.

On 28 May 04, the applicant was furnished an honorable discharge, with a narrative reason for separation of “Disability, Severance Pay,” and was credited with 8 years, 10 months, and 10 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 36-2649, Voluntary Education Program, members are only eligible to transfer benefits if service to the Armed Forces was on or after 1 Aug 09.  The member was medically discharged effective 29 May 04.  By law and DoD guidance, the program for the transfer of benefits started 1 Aug 09.  The applicant is ineligible to transfer educational benefits to dependents.

A complete copy of the AFPC/DP3SA evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

If further support of his request, the applicant submitted a rebuttal to the Air Force evaluation.  He reiterates that he was not given the opportunity to pass his educational benefits on to his daughter because he was medically retired in 2004, but he would have served 20 years if he had been allowed to. 

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-2015-04103 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-2015-04103 was considered:

	Exhibit A.  DD Form 149, dated 23 Oct 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 17 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 1 Jun 16.
	Exhibit E.  Letter, Applicant, dated 23 Jun 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.