RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04932

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 Transfer of Education Benefits (TEB) to his eligible dependents. 

APPLICANT CONTENDS THAT:

When he retired in August 2006, he was not offered the opportunity to transfer his benefits to his dependents.  The law allowing TEB was not passed until August 2008, and he now requests that he be allowed to make the transfer.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 31 Jul 85 and was discharged on 31 Jul 06.  He was credited with 21 years and 1 day 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/DP3SA recommends denying the application, indicating the program for TEB was not enacted until 1 Aug 09.  In accordance with DoD Instruction 1341.13, Enclosure 3 and AFI 36-2649, 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.  Based on the applicant’s retirement date of 1 Aug 06, he is ineligible for TEB.  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 28 Dec 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

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 and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SA 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).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; 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 Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04932 in Executive Session on 3 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 07 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 19 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 28 Dec 17.

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