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NAVY | BCNR | CY2001 | 04839-01
Original file (04839-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

MEH:ddj
Docket No: 4839-01
25 September 2001

This is in reference to your application for correction of your naval record pursuant to the
provisions of title  

10 of the United States Code, section  

1552.

25 September 2001. Your allegations of error and

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on  
injustice were reviewed in accordance with administrative regulations and procedures applicable
to the proceedings of this Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support thereof, your naval record and
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by CNET memorandum  
attached.

OTES of 30 August 2001, a copy of which is

1533 

After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board substantially concurred with the comments contained in
the advisory opinion. Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that favorable action cannot be

 

demonstrate the existence of probable material error or injustice.

ofticial naval record, the burden is on the applicant to

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

taken.
You are entitled to have the Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
to keep in mind that a presumption of regularity attaches to all official records.
when applying for a correction of an  

DEPARTMENT OF THE NAVY

CHIEF OF NAVAL EDUCATION AND TRAINING

250 DALLAS ST
PENSACOU FLORIDA  

32508-5220

From:
To :

Chief of Naval Education and Training
Department of
Naval Records

the Navy,

Board of Correction of

Subj:

EX-MIDSHIPMAN

Ref: (a)

Your Memo

of 27 Jul 01

1533
OTEE
,3  

0  AUG 

2001

_.-

1 .

Jn  response to reference (a),
disenrollment case.
oning physical,

a thorough review was made on Mr.
During

he was seen by the M

Diego where he "mentioned" that he was there for "sleepwalking"
that he didn't know how long he had the problem. He was found not
physically qualified due to the sleepwalking by Chief, Bureau of
Medicine and Surgery,
for a Restricted Line designator"

which was granted by CNET.

which was later reversed to a "waiver recommended

th Unit, San
and

fused to accept a restricted line designator, thus

or disenrollment from the NROTC Program.

Further, it

even though he had the problem as early as 1991.

was determined that he had never mentioned that he had a sleepwalking
problem,
granted a scholarship in 1995 and continued on that scholarship for
three years before mentioning it to the Mental Health Unit
The Commanding Officer, NROTC Unit, feels that Mr
above.
was not honest, sincere,
obtained the scholarship under fraudulent conditions and in addition
continued to accept scholarship benefits under
Only when it was time for commissioning, did
problem.

nor did he ever intend to be

fraudulent

corn

He was

as noted

conditions.

ention his

e

Because of the refusal to accept a commission in the

3.
Restricted Line and the fraudulent conditions under which 
received his NROTC Scholarship, on September 2
Navy ordered recoupment of all benefits in Mr.
are no new facts revealed in this case that wo
the recoupment action.

Mr.,

reversal of



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