RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03000
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His daughter be eligible to use his Post 9/11 GI Bill educational benefits.
APPLICANT CONTENDS THAT:
He separated during the period in which there was invalid information regarding dependents ability to use the Post 9/11 GI Bill educational benefits.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 12 May 1992.
On 5 December 2008, according to AFPC/DPSOAE, the applicant was notified of his non-selection for reenlistment and he appealed the decision.
On 6 February 2009, the appeal authority denied the applicants appeal.
On 9 July 2009, the Secretary of the Air Force denied the applicants appeal of non-selection for reenlistment under the provisions of Air Force Instruction 36-2606, Reenlistment in the United States Air Force.
On 13 August 2009, the applicant agreed to serve in the Individual Ready Reserve (IRR) for a period of three years following his separation from active duty, as a condition to receive separation pay. However, since he was separated for reasons that made him ineligible for enlistment, he was assigned to the Non-Obligated, Non-Participating Ready Personnel Section (NNRPS).
On 20 November 2009, the applicant was released from active duty and transferred to the NNRPS, furnished an honorable discharge and credited with 17 years, 4 months, and 19 days of active service. He lost time during the period of 14 April 2008 through 2 June 2008.
On 20 November 2012, the applicant was relieved from his assignment and furnished an honorable discharge from the NNRPS.
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. There is no record of the applicant applying for transfer of education benefits (TEB) through the Defense Manpower Data Center (DMDC). Also, according to the Right Now Technology, there is no record of him making an inquiry regarding TEB with the Total Force Service Center (TFSC). In accordance with AFI 36-2306, Voluntary Education Program, the appropriate service obligation would be established upon the date of a members TEB request. Members cannot serve a period of time without agreeing to the required active duty service commitment (ADSC) and receive retroactive fulfillment of the obligation. In this case, based on the applicants total active federal military service date (TAFMSD) of 12 May 1992, he would have incurred a 3 year ADSC with TEB approval. However, since he was denied reenlistment, he could not have fulfilled the ADSC of 3 years.
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 30 January 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:
After careful consideration of applicants request and the available evidence of record, we find the application untimely. Applicant did not file 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. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicants failure to file in a timely manner.
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-2014-03000 in Executive Session on 11 May 2015 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 July 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 22 August 2014,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 30 January 2015.
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