RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01806 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. APPLICANT CONTENDS THAT: He was unaware of the rules and regulations. The Post-9/11 GI Bill was signed into law July 2008. A new version, Chapter 33 was released on 1 August 2009, which began to provide education benefits for service members who had served on active duty for 90 or more days since 10 September 2001, which he did. He should be allowed to transfer his entitlement to his dependents. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 1 June 2006, the applicant retired in the grade of technical sergeant (E-6). 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/DPSIT recommends denial. The applicant is ineligible to transfer educational benefits to his dependents. In accordance with (IAW) Title 38 United States Code, Chapter 33, Post-9/11 Educational Assistance, an individual approved to transfer entitlement to educational assistance may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed. Also IAW Department of Defense Instruction (DoDI) 1314.13, Post-9/11 GI Bill, and Air Force Instruction (AFI) 36-2649, Voluntary Education Program, service members must serve on or after 1 August 2009 to be eligible to transfer benefits. According to law and DoD regulation relief cannot be granted. The applicant retired effective 1 June 2006 and the ability to transfer the Post-9/11 GI Bill benefit was not available until 1 August 2009, at which point the applicant was in a status that precluded his eligibility to request the transfer. A complete copy of the AFPC/DPSIT 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 17 September 2015 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 that 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. 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-2015-01806 in Executive Session on 5 April 2016 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01806 was considered: Exhibit A.  DD Form 149, dated 27 April 2015, w/atch. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIT, dated 11 May 2015. Exhibit D.  Letter, SAF/MRBR, dated 17 September 2015.