RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00741
COUNSEL: NONE
HEARING: YES

[TIMELINESS] Analyst’s Note: Potentially Untimely. Section 1552 of Title 10, United States Code, requires applicants to file within three years of an alleged error or injustice. According to the federal courts, the three-year period does not start until the applicant has left active service. The law also states the Board may excuse an untimely application in the interest of justice. In this case, the applicant failed to apply to the Board within the required time. Panel members should determine if the interest of justice requires waiving the three-year requirement.
APPLICANT’S REQUEST.

That she be allowed to transfer her Post-9/11 GI Bill education benefits (TEB) entitlement to her dependent.
APPLICANT’S CONTENTION.

She did not know there was a formal process for TEB until 2012. She did not sign the Statement of Understanding (SOU) because she did not want to incur an additional nine months active duty service commitment (ADSC) due to her pending retirement plans. The applicant’s complete submission is at Exhibit A.
STATEMENT OF FACTS.

The applicant retired on 1 Jun 15 in the grade of lieutenant colonel. Her Total Active Federal Military Service Date (TAFMSD) is 31 May 95. 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. There is no record of the applicant requesting TEB in Defense Manpower Data Center (DMDC). Based on the applicant’s TAFMSD, she would have incurred a four-year ADSC with TEB approval.  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 26 Jan 18 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 and injustice.      The Board concurs with the rationale and recommendation of
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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.

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.

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 Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2017-00741 in Executive Session on 29 Mar 18:
Panel Chair
Panel Member Panel Member
All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 18 Jan 17, w/atchs. Exhibit B: Documentary evidence, including excerpts from official records. Exhibit C: Advisory opinion, AFPC/DP3SA, dated 3 Jan 18.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 26 Jan 18.

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

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