Docket No. 7063-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USN, XXX-XX- Ref: (a) Title 10 U.S.C. §1552 (b) DODI 1341.13 (c) BUPERNOTE 1780 (d) OCNO Policy Decision 27-132-90 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 the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish eligibility to transfer Post-9/11 GI Bill education benefits to eligible dependents. 2. The Board, consisting of, reviewed Petitioner’s allegations of error and injustice on 15 March 2021, 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 record, 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. 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 bill 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 includes provision for qualifying service members to 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. b. In accordance with references (b) and (c), the option to transfer a Service member’s unused education benefits to an eligible dependent required a 4-year additional service obligation at the time of election. c. Reference (d) stipulates officers who fail to select for promotion to Lieutenant Commander/O-4 or Lieutenant/O-3 who have 16 but less than 18 years of active military service will be offered an opportunity to resign their commission, enlist and subsequently transfer to the Fleet Reserve at 20 years of active federal service. Additionally, members are generally offered enlistment in their former rating one paygrade higher than the last paygrade previously held. d. Petitioner’s Active Duty Service Date is 28 May 2002. e. Petitioner advanced to Machinist Mate First Class (MM1)/E-6 effective 16 June 2008. f. Petitioner was commissioned in the United States Navy with a temporary appointment to pay grade Ensign/O-1 on 1 December 2011 and promoted to Lieutenant Junior Grade/O-2 effective 1 December 2013. g. On 22 September 2014, Petitioner’s Command issued a Report of Misconduct – Allegation of Sexual Assault and Sexual Harassment to Navy Personnel Command and recommended a Board of Inquiry (BOI). h. On 6 October 2015, by unanimous vote, a BOI found the evidence did not support the alleged misconduct and Petitioner was retained in Naval service. i. On 3 January 2017, Secretary of the Navy (SECNAV) removed Petitioner’s name from the Fiscal Year 2016 Active-Duty Navy Lieutenant All Fully Qualified Officer List (AFQOL) j. On 30 April 2018, Petitioner notified of SECNAV decision to remove him from the Fiscal Year 2018 Active-Duty Navy Lieutenant AFQOL; which constituted as Petitioner’s second failure of selection. k. On 30 October 2018, BUPERS Order: 3038 (Official Change Duty Orders) for Machinist Mate Chief (MMC) Nicholas P. Howat were generated. l. Petitioner reverted to MMC/E-7 effective 1 November 2018 and reenlisted the same day for a term of 3-years. m. Petitioner submitted Transfer of Education Benefits (TEB) application on 24 June 2019. The Service approved the application on 25 June 2019 with an obligation end date of 23 June 2023. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. The Board noted the BOI found no evidence to support the allegations; Petitioner was retained in service and continues to contribute positively to the Navy mission. Additionally in light of Petitioner not being able to continue service beyond 20 years of active service in accordance with reference (d), the Board felt under these circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner, in coordination with his command, completed the required NAVPERS 1070/613, Administrative Remarks, on 1 December 2013 and submitted it to the Commander, Navy Personnel Command, for inclusion in Petitioner’s official military personnel file. Petitioner elected to transfer unused education benefits to /1-month, /1-month and /1-month, through the MilConnect TEB portal on 1 December 2013. Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB application, and it was approved on 1 December 2013 with a 4-year service obligation A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that a 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.