RECORD OF PROCEEDINGS

	IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03980

		COUNSEL: None.

	HEARING: No.

APPLICANT’S REQUEST.  He be allowed to accomplish a Post-9/11 GI Bill transfer of education benefits (TEB) to his dependents.

APPLICANT’S CONTENTION.  During 2009-2010, he made an in-person election to transfer his education benefits to his dependents.  However, due to numerous clerical errors his request was never processed.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS.  The applicant initially entered the Regular Air Force on 10 Jun 91.  He retired on 1 Dec 11 and was credited with 20 years, 5 months, and 21 days of active service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFPC/DP3SP recommends denial, noting the applicant’s eligibility for TEB could not be established without evidence showing he applied for TEB.  According to the Defense Manpower Data Center (DMDC) there is no record the applicant applied for TEB.  Based on his Total Active Federal Military Service Date (TAFMSD), he would have incurred a two-year Active Duty Service Commitment (ADSC).  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 6 Oct 17, for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  Therefore, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.

THE BOARD RECOMMENDS: The applicant be informed that the application was not timely filed; that it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in paragraph 1.5 of Air Force Instruction (AFI) 36-2603, considered AFBCMR Docket Number BC-2016-03980 in Executive Session on 15 Mar 18:

	, Panel Chair
	, Member
	, Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 28 Sep 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP3SP, dated 19 Dec 16.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 6 Oct 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by paragraph 4.11.9 of AFI 36-2603.