RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00629 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Post-9/11 GI Bill Transfer of Education Benefits (TEB) be approved. APPLICANT CONTENDS THAT: When he was discharged, he was informed by the base education office that he did not meet the retainability requirements for TEB. He was unable to gain retainability because of his medical discharge due to combat injuries and would like the Board to review his TEB eligibility. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 25 Feb 92, the applicant entered the Regular Air Force. On 21 May 09, the applicant’s Medical Evaluation Board (MEB) case was reviewed and deemed not ready to board. On 31 Jul 09, the MEB diagnosed him with Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury, and L5-S1 disc herniation. The acting Medical Director indicated the patient is unlikely to regain fitness for military service due to chronic and persistent injuries sustained in combat. On 8 Dec 09, three months prior to assignment to Temporary Disability Retired List (TDRL) the applicant applied for TEB. On 12 Jan 10, the applicant was denied TEB because he could not obtain the required service retainability. On 22 Feb 10, the applicant was retired from active duty and placed on the TDRL per Special Order No. ACD-00371. On 13 Jan 11, the Formal Physical Evaluation Board (FPEB) recommended permanent retirement with an 80% compensable disability rating for Traumatic Brain Injury (TBI) with cognitive dysfunction, Post-traumatic Stress Disorder (PTSD), and chronic low back pain, status-post fusion of L5-S1. On 11 Feb 15, the applicant was removed from the TDRL and retired in the grade of Master Sergeant (MSgt)/E-7, with a compensable disability rating of 80 percent, per Special Order No. ACD-00970, dated 26 Jan 11. He was credited with 17 years, 11 months and 28 days for retirement. Transferability of Unused Education Benefits to Family Members. Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following: Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application, is precluded by either Air Force policy (e.g., High Year Tenure [HYT]), DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute. As the applicant served on active duty since 11 Sep 01, he is entitled to Post-9/11 GI Bill educational benefits in his own right and was otherwise eligible to transfer said benefits to his dependents, provided he met the prescribed Active Duty Service Commitment (ADSC). In accordance with DoD Directive Type Memorandum (DTM) 09-003, Post-9/11 GI Bill, dated 22 Jun 09, Attachment 2, there is no allowance to waive the applicant’s ADSC requirement, therefore, he would have been unable to fulfill his ADSC by the time of his disability retirement date of 22 Feb 10. 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 the member is ineligible because he could not agree to the 4-year Active Duty Service Commitment (ADSC) associated with TEB approval. According to the Defense Manpower Data Center (DMDC) application, he applied for TEB on 8 Dec 09. On 12 Jan 10, the application was rejected because he could not secure retainability. According to the Right Now Technology, the applicant inquired with the Total Force Service Center regarding his TEB status prior to his 22 Feb 10 retirement and was counseled correctly. Due to his medical discharge, he could not agree to the ADSC requirement in accordance with AFI 36-2306, The Air Force Education Services Program, Attachment 9, A9.18.1.3. 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 4 May 15 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we are not convinced that corrective action is warranted. In this respect, we note the comments of the Air Force OPR indicating the applicant’s request should be denied due to ineligibility to meet the four-year ADSC associated with TEB approval. While the Air Force OPR relied up the AFI for guidance, this Board, as did the Services at the time, relied upon the DTM for guidance. We do not find the applicant was eligible for TEB under any policy provision in effect at the time of his separation. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2015-00629 was considered: Exhibit A. DD Form 149, dated 12 Feb 15. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 2 Mar 15. Exhibit D. Letter, SAF/MRBR, dated 4 May 15.