Docket No. 695-19 
Ref: Signature Date 


From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD 

Ref: (a) Title 10 U.S.C. § 1552 
     (b) Title 10 U.S.C. § 2005 
     (c) Title 37 U.S.C. § 303a 

Encl: (1) DD Form 149 
      (2) NA VPERS 1000/4 
      (3) ltr of2 Nov 17 
      (4) BUPERS ltr 1212 Ser BUPERS-3/0991 of 17 Nov 17 
      (5) NPC ltr 1920 Ser 834/043 24 Apr 18 
      (6) BUPERS ltr 1920 BUPERS-OOB/628 of 21 Jul 18 
      (7) DD Form 214 
      (8) DFAS ltr of 15 Nov 18 
      (9) NPC memo 1920 Ser 834/001 of 5 Mar 20 
      (10)BCNR email of 13 Mar 20 


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 reflect not having to repay the advanced education assistance. 

2. The Board reviewed Petitioner's allegations of error and injustice on 14 April 2020 and, pursuant to its regulations, determined that the corrective action indicated below 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, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: 

a. Reference (b ), states the following: "The Secretary concerned may require, as a condition to the Secretary providing advanced education assistance to any person, that such person enter into a written agreement with the Secretary concerned under the terms of which such person shall agree to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement" Furthermore, "If such person does not complete the period of active duty specified in the agreement, or does not fulfill any term or condition prescribed pursuant to paragraph (4), such person shall be subject to the repayment provisions of section 303a(e) or 373 of title 37". Reference (c), indicates if a member does not complete the period of active duty specified in the contract, such person shall be subject to . repayment of the advanced education assistance unless the member received a sole survivorship discharge or a combat-related disability. 

b. Petitioner accepted appointment as an Officer in the United States Navy at the Naval Academy on 18 May 2016. See enclosure (2) 

c. Petitioner submitted Drop on Request (DOR) from the Aviation Program and consideration from the Probationary Officer Continuation Re-designation (POCR) Board due to pregnancy on 2 November 2017. See enclosure (3) 

d. Petitioner was notified of removal from the November POCR Board on 17 November 2017. See enclosure (4) 

e. Petitioner was notified of Administrative Separation on 24 April 2018. See enclosure (5) 

f. Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved Petitioner's separation and recoupment of educational costs/community managed bonuses (as applicable) on 27 July 2018. See enclosure (6) 

g. Petitioner was discharged on 30 September 2018. See enclosure (7) 

h. Petitioner notified of recoupment of advance education assistance on 15 November 2018. See enclosure (8) 

i. The Board received an unfavorable advisory opinion from Navy Personnel Command (PERS-834) on 5 March 2020 stating that the recoupment of advance education costs is explained in the United States Naval Academy initial contract and lack of knowledge should not be cited as an excuse for not fulfilling incurred service obligation. See enclosure (9) 

j. The Board forwarded the Petitioner a copy of enclosure (9), to provide an opportunity to submit a rebuttal statement and or additional supporting documents. However, Petitioner failed to respond. See enclosure (I 0) 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board did not find the existence of error and injustices, and unanimously concluded Petitioner's request does not warrant corrective action. Petitioner became pregnant during training and subsequently placed on a POCR Board, however, as part of the process Petitioner submitted a statement requesting to complete her service obligation in the Individual Ready Reserve (IRR). The Board found that had the Petitioner opted to redesignate to a different specialty vice requesting tranfer to the IRR, she would have been able to fulfill her active duty service obligation thus preventing incurring the advanced education assistance indebtedness. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

RECOMMENDATION 

That Petitioner's request for correction to record be denied and that no corrective action be taken. A copy of this Report of Proceedings will be filed in Petitioner's naval record. 

4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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. The foregoing action of the Board is submitted for your review and action.