RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04319

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Her dependent be added as an eligible dependent to receive Transfer of Education Benefits (TEB).

APPLICANT CONTENDS THAT:

She was misinformed and advised that she was not eligible to add her dependent until after her dependent reached school age and that her dependent could not receive multiple or a combination of benefits from two different sponsors.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

Per documentation submitted by the applicant, the dependent child was born 02 Jul 13.

Per the applicant’s Retirement Pre-Application Checklist dated 29 Jan 14, the applicant acknowledged Section 2: Montgomery and Post-9/11 GI Bill Counseling which states Education & Training Section provides Montgomery GI Bill and Post-9/11 GI Bill counseling prior to your leaving active duty.  By law (USC Title 38), certain enrollment actions (e.g., initiation of Post-9/11 GI Bill transfer of benefits) are only available while you are on active duty and lost once separated or retired.  Counseling will be documented in Air Force Automated Education Management System (AFAEMS).

On 1 Aug 14, the applicant retired as an Air Force technical sergeant under the Voluntary Retirement Temp Early Retirement Authority (TERA) and was credited with 16 years, 5 months and 13 days of active duty.

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 retired under the FY14 TERA program and is ineligible for TEB IAW AFI 36-2306 (Voluntary Education Program) AFGM2, Attachment 9, A9.18.8.5.  The service commitment waiver under the TERA program allowed the applicant to retire, but the TEB benefit was lost because she did not fulfill the required service obligation.  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 04 Apr 18 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 or 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.  Furthermore, 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-2017-04319 in Executive Session on 19 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Sep 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, with atchs, dated 13 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 04 Apr 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.