RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04728

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Her Education benefits be transferred to her dependent daughter despite her being retired from the Air Force.

APPLICANT CONTENDS THAT:

She submitted her retirement paperwork in 08 before hearing the announcement of the imminent transfer of benefits law.  Just weeks after submitting her retirement paperwork, she learned that she could transfer her GI Bill benefits if she stayed in until 01 Aug 09, claiming she was denied the ability to recall her retirement paperwork to change her date by three months.  The applicant developed a severe anxiety disorder due to the pressure of school and the stress of her husband’s deployment and she does not anticipate ever being able to go to school again because of the anxiety that she still experiences.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 1 May 09, the applicant was furnished an honorable discharge as a retired Air Force major and was credited with 20 years, 10 months and 2 days active service for retirement.

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.  By law and DoD guidance, the program for the transfer of benefits was enacted on 1 Aug 09.  Additionally, 38 U.S.C., Section 3319 (f) (1) states: “an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.”  The applicant is ineligible to transfer benefits to her dependent.  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 11 Jun 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).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  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-2017-04728 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/atch, dated 19 Oct 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 18 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Jun 18.
Exhibit E:	Title 38 U.S.C Veterans’ Benefits 3319. Authority to transfer unused education benefits to family members, (f) (1).

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