RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04801

DaviD Benjacob	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill education benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:

The TEB did not become available until 2009; however, he earned this benefit and would like to transfer it to his dependent son.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force technical sergeant.  The applicant’s Total Active Federal Military Service Date (TAFMSD) is 17 Nov 86.  On 30 Nov 06, the applicant was relieved from active duty and retired effective 01 Dec 06.   He was credited with 20 years and 14 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, since the member is ineligible to transfer education benefits to his dependent.  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 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 14 May 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.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was 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 record.

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-2017-04801 in Executive Session on 20 Sep 18:

	Mr. Clifford D. Tompkins, Panel Chair
	Mr. Ricky E. Bennett, Panel Member
	Ms. Gail P. Forest, Panel Member

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

	Exhibit A:  Application, DD Form 149, w/atchs dated 16 Oct 17.
	Exhibit B:  Documentary evidence, including relevant excerpts from official records.
	Exhibit C:  Advisory opinion, AFPC/DP3SA, dated 23 Apr 18.
	Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 11 May 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.