DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 2031-01
15 January 2002
Dear
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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 9 January 2002.
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 applicable statutes, regulations and policies.
Your allegations of error and
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.
The Board found that on 31 July 1995, you advised officials of your Naval ROTC (NROTC)
unit that you were withdrawing from the NROTC program, and “would not return in the
fall”. You cited your engagement to be married and changes in your moral and religious
views as reasons for your decision.
In addition, you indicated that your health, life and
needs of your family “came first”, that you had been “unhappy, sick off and on,
experiencing migraine headaches and neck problems this past semester during NROTC”, and
that you were seeking [mental health] counseling. As you failed to enroll in Naval Science
classes as required, a Performance Evaluation Review Board (PERB) convened on 18
September 1995 to consider your case.
The PERB recommended that you be disenrolled
from the NROTC program, required to repay your scholarship tuition, and ordered to active
duty to fulfill your remaining service obligation. The Commanding Officer, NROTC Unit,
University of Wisconsin, concurred with those recommendations and notified you of his
concurrence on 18 September 1995. On 4 January 1996, the Chief of Naval Personnel
advised the Secretary of the Navy that you were being disenrolled from the NROTC program
because of your failure to enroll in Naval Science classes, and recommended that your
appointment as a midshipman be terminated. He noted that you had incurred a two-year
active enlisted service obligation, but stated that your
unwillingness to accept responsibility for your actions or resolve his situation warrants my
recommendation that he repay the cost of his education in lieu of active enlisted service.
”
The Secretary of the Navy approved those recommendations, and directed that you be
discharged from the Naval Service.
.uncooperative behavior and
. “.
In this regard, it noted that you, in
The Board was not persuaded that your disenrollment from the NAVAL ROTC program and
discharge from the Navy were erroneous or unjust.
effect, disenrolled yourself from the program by refusing to enroll in required Naval Science
classes, and then attempted to procure a favorable separation for medical reasons. The
Board concluded that your belief that you were not medically qualified for continuation in the
NROTC program did not excuse your failure to enroll in Naval Science classes, or warrant
the correction of your record to show that you were medically disqualified. Your
uncorroborated contention to the effect that you submitted medical records in support of a
request for a medical separation, and that those records were improperly withheld from
authorities who reviewed the PERB findings and recommendations, was rejected by the
Board.
In addition, it noted that although it is possible that you would have been found
medically disqualified for commissioning had you to participate in the NROTC program
during the fall of 1995, it is not a certainty.
discharge for medical reasons.
It is clear that you had no entitlement to a
In view of the foregoing, 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
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. In this
regard, it is important to keep in mind that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an official naval record, the
burden is on the applicant to demonstrate the existence of probable material error or
injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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