RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01008

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill educational benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:

He attempted to transfer his benefits prior to his retirement but was denied.  If denial was based upon his inability to digitally sign the form, it was due to his being on terminal leave and not having access to a government computer.

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

STATEMENT OF FACTS:

On 10 Jan 91, the applicant initially entered the Regular Air Force.

On 1 Feb 11, the applicant retired, was furnished an Honorable discharge, and was credited with 20 years, 0 months, and 21 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 injustice.

Defense Manpower Data Center records show the applicant applied for TEB on 31 Jan 11.  The application was rejected on 25 Feb 11 because the applicant did not secure the required retainability during the application period.

In accordance with Air Force Instruction 36-2306, Voluntary Education Programs, Attachment 9, paragraph A9.18.1.4.4., the applicant would have incurred a two year active duty service commitment from the date of request.

The applicant applied for a retirement date of 1 Feb 11 on 22 Feb 10, which was approved on 25 Mar 10, rendering him ineligible for TEB.

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 29 Mar 17 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.  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-2016-01008 in Executive Session on 27 Jul 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01008 was considered:

	Exhibit A.  DD Form 149, dated 9 Mar 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 22 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 29 Mar 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-01008, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.