Retired Navy Commander Files Federal Complaint Over Denial of Education Benefits
Washington, D.C. – February 4, 2025 – A retired U.S. Navy Commander with nearly three decades of service has filed a federal lawsuit in the U.S. District Court for the District of Columbia (Civil Action No. 1:25-cv-00324) against the Acting Secretary of the Navy, challenging the denial of Post-9/11 GI Bill education benefits for his children.
The complaint alleges that the Commander, who was eligible for reserve retirement as of 2008, was improperly denied the right to transfer education benefits due to errors by the Navy and inadequate counseling regarding eligibility requirements. Despite fulfilling all criteria outlined by Department of Defense and Navy regulations, he was misinformed that additional years of service were required. Acting on this misinformation, the Commander extended his service commitment but later retired in 2015 to address urgent family needs, including supporting a child with autism enrolled in the Navy’s Exceptional Family Member Program.
The lawsuit claims the denial of benefits was arbitrary, capricious, and inconsistent with established military regulations and past Board for Correction of Naval Records precedents. The Commander asserts that other service members in similar situations were granted relief and that his case deserves the same outcome.
“This case is about ensuring fairness for service members who have dedicated their lives to this country and holding the Navy accountable for fulfilling its commitments to military families,” said a Dylan Thayer the Commander’s legal representative.
The complaint asks the Court to remand the case for a new review, recognize the Commander’s eligibility to transfer education benefits, and correct his military records to reflect that eligibility. The case is being handled by the Law Offices of David P. Sheldon, PLLC, a firm specializing in military justice and veterans’ rights.
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