RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02492 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. His disability rating of 20 percent be increased to 100 percent. He receive severance pay. APPLICANT CONTENDS THAT: He requested Transfer of Education Benefits (TEB) prior to his discharge. He was medically discharged without benefits. His recruiter promised him that he would get medical coverage for him and his wife for life if he completed 20 years in the Reserves. Upon being medically discharged, he was told he could buy coverage at 62 years of age. His disability should be upgraded to 100 percent per the Department of Veterans Affairs letter dated in April 2014. His Congresswoman was told he was getting severance pay but he has not received any money. In support of his requests, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, Chronological Record of Medical Care dated 22 October 2010, DVA rating decision dated 1 April 2014, AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 13 Aug 2010, Reserve Order EK-3024 dated 8 March 2011, a personal statement and other various documents associated with his requests. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 20 July 2009, the applicant entered this period of active duty. According to AF Form 356 dated 13 August 2010, the applicant was found unfit for compensable and ratable conditions of bilateral shoulder degenerative changes with bursitis and tendonitis with a disability rating of 20 percent. The applicant was recommended for Discharge With Severance Pay (DWSP). On 26 May 2011, the applicant was released from active duty with narrative reason for separation of “Completion of required active service.” Per Reserve Order EK-3024 dated 8 March 2011, the applicant was placed on the Retired Reserve List in the grade of Technical Sergeant (TSgt, E-6) effective 26 May 2011, In Accordance With (IAW) 10 U.S.C. § 12731(b), eligible for retired pay except for attainment of eligibility age. According to a DVA rating decision dated 1 April 2014, the applicant was assigned a 100 percent disability rating for service connected disabilities effective 19 September 2013. Transferability of Unused Education Benefits to Family Members. Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. Per DoDI 1341.13 and AFI 36-2306, Voluntary Education Programs, Atch 9, any service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she has at least six years of service in the Military Services (active duty or Selected Reserve), National Oceanic and Atmospheric Administration Commissioned Officer Corps (NOAA) Corps, or Commissioned Corps of the Public Health Service (PHS) on the date of approval and agrees to serve four additional years in the Military Services, NOAA Corps, or PHS from the date of election. AIR FORCE EVALUATION: ARPC/DPTT recommends denial of the applicant’s request for TEB. There is no injustice. The applicant had almost two years before the Medical Evaluation Board (MEB) to request TEB. DODI 1341.13 clearly outlines the length of service commitment incurred as a result of TEB. Had the applicant’s TEB request been approved before the medical review process was initiated, the remaining time on the service commitment could have been waived. The applicant’s request for TEB was denied because he made the request two weeks before he was medically discharged. The Office of the Secretary of Defense guidance is for members to have an approved TEB request on file before the MEB determines discharge or retirement. With a previously approved transfer request, the remaining service commitment is waived. Although the applicant could have applied for TEB at any time after 1 August 2009, he waited until after the MEB determination. The signed Statement of Understanding (SOU) in the applicant’s records does not indicate the TEB was ever approved. At the time of the request, he had only two years and eight months of retainability and would not have been approved for an extension or reenlistment due to the MEB, leaving him ineligible to make the transfer. A complete copy of the ARPC/DPTT evaluation is at Exhibit B. AFPC/DPFDD recommends denial of the applicant’s request to upgrade his disability rating to 100 percent. The preponderance of the evidence reflects no error or injustice occurred during the disability process or at the time of separation. The DOD and the DVA disability evaluation systems operate under separate laws. Air Force disability boards must rate disabilities based on the member’s condition at the time of evaluation, in essence a snapshot of their condition at that time, while the DVA rating may fluctuate as the condition changes. Based on the evidence presented at the time of the applicant’s processing through the Disability Evaluation System (DES), it was determined that an assignment of 20 percent disability was the appropriate rating for those conditions determined to be unfitting at that point in time. On 18 October 2010, the applicant appeared before the Formal Physical Evaluation Board (FPEB) citing additional conditions that he felt were also unfitting, right wrist pain and Post- Traumatic Stress Disorder (PTSD). The FPEB reviewed the file and recommended DWSP with a 20 percent disability rating. He non-concurred with the recommendation and appealed to the Secretary of the Air Force Personnel Council (SAFPC). SAFPC reviewed the IPEB and FPEB recommendations and upheld the findings of the boards. The applicant was subsequently discharged. In lieu of severance pay, he elected transfer to the Inactive Status List Reserve Section (ISLRS) for the purpose of applying for retirement under 10 U.S.C. § 12731(b), receive retired pay upon 60 years of age. A complete copy of the AFPC/DPFDD evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 2 July 2015 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has 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. 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-2014-02492 in Executive Session on 18 August 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02492 was considered: Exhibit A. DD Form 149, dated 13 June 2014, w/atchs. Exhibit B. Memorandum, ARPC/DPTT, dated 22 October 2014. Exhibit C. Memorandum, AFPC/DPFDD, dated 15 May 2015. Exhibit D. Letter, SAF/MRBR, dated 2 July 2015.