RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01278 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect the transfer of education benefits (TEB) to his dependents. APPLICANT CONTENDS THAT: He was hospitalized in a civilian hospital at the time of his medical retirement. He started the process to transfer his Post-9/11 GI Bill education benefits; however, he was unaware that the transfer was incomplete until his daughter applied for the benefit. He did not know that he needed to provide personnel with his retirement orders. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 19 June 1992. On 29 November 2011, a MEB convened to consider the applicant for continued active duty. The applicant was diagnosed with diabetes mellitus uncontrolled with the approximate date of origin in 2008. The MEB recommended the applicant be referred to an Informal Physical Evaluation Board (IPEB). On 9 July 2012, an IPEB determined the applicant was unfit for his duties due to his diagnosis of diabetes mellitus and therefore recommended he be permanently retired with a disability rating of 20 percent. On 18 July 2012, the applicant agreed with the findings and recommended disposition of the IPEB. He waived his right to a formal PEB hearing. On 23 July 2012, the Secretary of the Air Force directed the applicant be permanently retired. On 28 September 2012, the applicant was relieved from active duty and permanently disability retired in the grade of master sergeant (E-5) per Air Force Instruction (AFI) 36-3212, Physical Evaluation for Retention, Retirement and Separation, with a compensable percentage of 20 percent for physical disability, effective 29 September 2012. The applicant was credited with 20 years, 3 months, and 10 days total active service for retirement. 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, 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 are eligible to transfer unused educational benefits to family members. Since the applicant served on active duty since 11 September 2001, he was entitled to Post-9/11 GI Bill 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) of three years. In accordance with (IAW) Department of Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bill, had the applicant successfully transferred his benefits on 6 March 2012, he would have incurred an ADSC of 5 March 2015. IAW DoDI 1341.13, the ADSC shall not apply to an individual who fails to complete their service agreement due to discharge or release from active duty or the Selected Reserve for a physical or mental condition, not a disability that did not result from his or her willful misconduct, but did interfere with the performance of duty. Therefore, had the applicant successfully transferred his benefits, he would have been unable to fulfill his ADSC by the time of his disability retirement date of 28 September 2012. 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. The applicant’s TEB application was rejected by the Total Force Service Center (TFSC) due to his failure to sign the required Statement of Understanding (SOU). The applicant was presented with a message on the MilConnect website when he applied for TEB indicating his transfer request was not final until he digitally signs an AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding and to call the TFSC if he did not receive an e-mail stating his AF Form 4406 was ready for signature. Without the required retainability and signing of the TEB SOU, no eligibility for the program could be established. In accordance with Air Force Instruction (AFI) 36-2306, the date of request establishes the appropriate service obligation. Additionally, in this case, the applicant never contacted the TFSC as instructed in the MILCONNECT message regarding the status of the TEB application. A complete copy of the AFPC/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 14 September 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 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. We note the applicant contends that he was unaware that the transfer was incomplete until his daughter applied for the benefit. However, we do not find his argument sufficiently persuasive to override the rationale provided by the Air Force OPR. 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-2015-01278 in Executive Session on 28 January 2016 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 26 February 2015. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIT, dated 17 April 2015. Exhibit D.  Letter, SAF/MRBR, dated 14 September 2015.