RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03407 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Post 9/11 GI Bill Transfer of Education Benefits (TEB) be approved. APPLICANT CONTENDS THAT: He submitted his TEB on 19 Jul 11, during a time period where his organization’s email domain was moving to a different Air Force Base. Subsequently, he never received an email notifying him his application was not accepted. Because his enlistment would be complete in Jul 2014, he thought he met the Active Duty Service Commitment (ADSC) requirement for retainability. Unbeknownst to him, he was 17 days short. While preparing for retirement, he discovered the TEB request was not approved, so he is trying to correct it now. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant entered the Regular Air Force on 23 Jun 92. On 20 Jul 11, the applicant initially applied for TEB, on 3 Aug 11 the application was rejected because the applicant did not sign the Statement of Understanding. On 19 Mar 14 the applicant signed the DD Form 2648, Preseparation Counseling Checklist, acknowledging that he had received counseling on the Post 9-11 GI Bill, Chapter 33. On 31 Oct 14, the applicant was relieved from active duty and retired, effective 1 Nov 14. He was credited with 22 years, 4 months and 8 days of active service. 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 indicating there is no evidence of an error or an injustice. The MilConnect website provides a message to TEB applicants stating “YOUR TRANSFER REQUEST IS NOT FINAL UNTIL YOU DIGITALLY SIGN AF FORM 4460 (POST 9/11 GI BILL TRANSFER OF EDUCATIONAL BENEFITS STATEMENT OF UNDERSTANDING) IN VIRTUAL MPF. Within 72 duty hours, you will receive an Air Force Personnel Center (AFPC) email with “TEB INCIDENT” in the subject line, stating that your AF Form 4406 is ready for signature. If you DO NOT receive this email, call the Total Force Service Center (TFSC) at 1-800-525-0102 ASAP! Please note the following (1) Do not transfer benefits unless you are willing to complete the service obligation. While you may revoke your transfer at any time, a revocation DOES NOT automatically cancel the associated ADSC, even if benefits have not been used. (2) If you have an APPROVED retirement application, you are NOT ELIGIBLE to submit a TEB request. (3) Individuals undergoing an evaluation by a Medical Evaluation Board (MEB) or Physical Evaluation Board (PEB) should call the TFSC before submitting a transfer request.” Additionally, the initial notification sent to the member on 20 Jul 11 explained the requirement to sign the TEB SOU and obtain the required retainability in order for his application to be approved. Though the member states he did not receive email communication from the TFSC, the message presented to him during the TEB application process outlined completion of the TEB SOU as a mandatory requirement for TEB approval. He was instructed to contact the TFSC if he did not receive an email within 72 hours. The member did contact the TFSC on 3 Aug 11 to ask “What was required to restart the process.” No attempt was made to reapply for TEB until 8 Apr 13. The second application was also rejected because the member failed to meet the two requirements for TEB approval. Because he now has an approved retirement effective 1 Nov 14, he is ineligible for TEB because he cannot agree to the required four year ADSC. The complete 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 10 Oct 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While we acknowledge the applicant’s request to have Post-9/11 GI Bill transfer of education benefits approved, we do not believe he has demonstrated evidence of an injustice, as compared to others in his similar situation. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03407 was considered: Exhibit A. DD Form 149, dated 15 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 27 Aug 14. Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14.