DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2069-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. §1552 (b) BUPERSNOTE 1780 (series) Encl: (1) DD Form 149 w/attachments (2) Subject’s naval record 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish eligibility to transfer Post-9/11 GI Bill education benefits to his eligible dependents. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 7 February 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. b. The Post-9/11 Veterans Educational Assistance Act (Post-9/11 GI Bill, Public Law 110-252) was signed into law on 30 June 2008 and became effective on 1 August 2009. The Act provides financial support for education and housing for Service members with at least 90 days of service on or after 11 September 2001. The act also provides that qualifying Service members may transfer education benefits to their eligible dependents. General descriptions of the essential components of the law were widely available beginning in summer 2008, but specific implementing guidance was not published until summer 2009. c. Reference (b) outlined eligibility, processing, service obligation, and reference information germane to transferring education benefits to eligible dependents. Specifically, the aforementioned reference required Sailors to incur a 4-year additional service obligation from the date of election. Failure to complete the service obligation results in the amount of any transferred entitlement that is used by a dependent to be treated as an overpayment of educational assistance and will be subject to collection by the Department of Veterans Affairs. Furthermore, there were provisions in this policy that indicated if a member was prohibited from completing their service obligation as a result of Navy or Department of Defense policy, or federal statute, the obligation would be adjusted to the maximum amount of time allowed by that policy or statute. However, discharge or separation for reduction in rank is not a listed exception. d. Petitioner’s pay entry base date was 29 May 2001. e. Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on 4 December 2013 for a term of 6-years. f. Petitioner submitted his Transfer of Education Benefits (TEB) application on 9 December 2013. Service approved the application on 10 December 2013 with an obligation end date of 8 December 2017. g. Petitioner is advanced to E-6 effective 16 June 2014. h. Petitioner is reduced in rank to E-5 effective 22 July 2016. i. Petitioner was discharged on 24 December 2016. At the time of his discharge, Petitioner completed 15 years, 6-months and 24 days of active-duty service, and received a separation code of “JBK – Completion of Required Active Service” and a reentry code of “RE-6”. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Petitioner garnered approval to transfer education benefits to eligible dependents. However, because of performance and/or misconduct, Petitioner was reduced in rank and subsequently discharged at the high year tenure gate of the reduced rank. The Board found the Petitioner’s intent was to complete the service obligation when initially electing to transfer education benefits and he nor his family should continue to pay for what appears to be a serious lack of judgment on his behalf; therefore, under these circumstances, a measure of relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /1-month through the MilConnect TEB portal on 1 August 2009. Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB application, and it was approved on 1 August 2009 with a 4-year service obligation. Petitioner transferred unused education benefits to /33-months and /1-month through the MilConnect TEB portal on 8 August 2012. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 4/20/2020