RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01636

	COUNSEL: NONE

	HEARING: NO

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

APPLICANT’S CONTENTION.  She was miscounseled on TEB.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant initially entered the Regular Air Force on 13 Jun 90.

According to documentation provided by the applicant, she submitted a TEB request and it was rejected on 29 Jun 10.

On 1 Feb 11, she retired and was credited with 20 years, 7 months and 18 days of active duty 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.  The applicant failed to secure the required retainability for TEB and sign the SOU. 

Per the governing instructions for TEB, service members must secure an extension or reenlist to meet the retainability requirements and complete Statement of Understanding (SOU).

The applicant applied for TEB on 11 Jun 10 and the request was rejected on 29 Jun 10.  The applicant would have incurred a one year Active Duty Service Commitment (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 20 Mar 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/injustice/error and injustice.  The Board concurs with 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.  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 Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2017-01636 in Executive Session on 24 May 18:

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

Exhibit A: Applicant’s application, DD Form 149, dated 21 Mar 17, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP3SA, dated 29 Jan 18.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 20 Mar 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.