RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03893 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependent. APPLICANT CONTENDS THAT: He was given a non-volunteer assignment and decided to retire in lieu of taking the assignment. Prior to his actual retirement, he attempted to transfer his benefits; however, it would have caused a one-year active duty service commitment (ADSC), which would have forced him to take the non-volunteer assignment. He served faithfully and honorably for 22 years and his daughter was with him for 15 of those 22 years. He earned this benefit as did his daughter and believes that she should not be punished just because he retired. The fact that he retired should have no bearing on allowing him to transfer his benefits to his daughter. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant was discharged from the Air Force in the grade of Master Sergeant (E-7) effective 30 Sep 11. According to the Defense Manpower Data Center (DMDC) application, there is no record the member applied for TEB while on active duty. The applicant’s Total Active Federal Military Service Date (TAFMSD) is 18 Aug 89. In accordance with AFI 36-2306, “For those members eligible for retirement after 1 August 2009 and on or before 1 August 2010, one year of additional service from the date of request is required.” Based on his TAFMSD, he would have incurred a one year ADSC obligation with TEB approval. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit B. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. There is no record in the Defense Manpower Data Center (DMDC) application that the applicant applied for TEB; therefore, no eligibility for the program could be established, as the law/regulations cite the date of request as the date on which the appropriate service obligation would be established (IAW AFI 36-2306, Attachment 9, A9.18.l.2, A9.18.l.3 and A9.18.l.4). Without a request, a TEB application cannot be approved and eligibility cannot be determined. Additionally, the applicant voluntarily chose to retire in lieu of accepting an assignment. Once the applicant chose to voluntarily retire, he was unable to fulfill the required one year ADSC and became ineligible for TEB. A complete copy of the AFPC/DPSIT evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, was forwarded to the applicant on 17 Nov 14 for review and comment within 30 days (Exhibit C). 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 timely filed. 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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 members of the Board considered AFBCMR Docket Number BC-2014-03893 in Executive Session on Tuesday, 14 Jul 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 23 Jul 14, w/atchs. Exhibit B.  Memorandum, AFPC/DPSIT, dated 20 Oct 14, w/atchs. Exhibit C.  Letter, SAF/MRBR, dated 17 Nov 14.