RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05170 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. APPLICANT CONTENDS THAT: His Transfer of Education benefits were taken away. He was advised that the last four months of his ADSC would be waived. However, he was never advised that he would lose his TEB. His daughter was already using the Post-9/11 GI Bill when he was approved for retirement. He would have served an additional four months had he known his benefits would be affected by his decision to retire. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant’s Total Active Federal Military Service Date (TAFMSD) is 4 May 1994. On 1 October 2014, the applicant retired in the grade of master sergeant (E-7) after serving 20 years 4 months and 27 days on active duty. 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. 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 injustice. The applicant was approved for Transfer of Educational Benefits (TEB) effective 10 January 2011, and incurred an ADSC to 9 January 2015. On 23 November 2013, the applicant applied for retirement and was approved on 17 January 2014. He had to serve to the obligation end date of 9 January 2015 to retain TEB. Because he retired prior to the ADSC date, he is ineligible for TEB in accordance with AFI 36-2306, Voluntary Education Program, Attachment 9, A9.18.8.5. On 27 November 2013, the applicant acknowledged the Post-9/11 GI Bill counseling statement on his Retirement Pre-Application Checklist. He also declined Post-9/11 GI Bill counseling on his DD Form 2648, Preseparation Counseling Checklist, dated 29 April 2014. A complete copy of the DPSIT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 3 June 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). 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 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 the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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-2014-05170 in Executive Session on 18 August 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 December 2014. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 28 January 2015, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 3 June 2015.