RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01922

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

She was forced to retire in Jan 07 and was not able to sign the transfer of educational benefits.

She served for 20 years and she should be allowed to give her daughter this benefit.  Others that retired in Aug 09 signed a document and received this benefit.  She is willing to return to active duty to sign the required form.

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

STATEMENT OF FACTS:

On 6 Jan 87, the applicant initially entered the Regular Air Force.

On 1 Feb 07, the applicant retired and credited with 20 years and 25 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 error or injustice.

In accordance with Department of Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bill, and Air Force Instruction 36-2469, Voluntary Education Program, Attachment 13, A13.18.1., members are eligible to transfer benefits if service to the armed forces was on or after 1 Aug 09.  Additionally, 38 USC Section 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.”  The applicant retired on 1 Feb 07, and by law and DoD guidance, is ineligible to transfer educational benefits to her dependent.

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 8 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 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.  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-2016-01922 in Executive Session on 27 Jul 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01922 was considered:

	Exhibit A.  DD Form 149, dated 21 Mar 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 4 Aug 16.
	Exhibit D.  Letter, AFBCMR, dated 8 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, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.