DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
14 May 2002
7736-01
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD
OFH
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
commissioned officer in the Naval Reserve filed an application
with this Board requesting that his record be corrected to show
that the requirement to reimburse the government for the
educational expenses he incurred while he was a member of the
Reserve Officer Training Corps (ROTC) was waived.
The Board, consisting of Mr. Lippolis, Mr. Dunn and Mr.
2.
Beckett, reviewed Petitioner's allegations of error and injustice
on 7 May 2002 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes,
Documentary material considered by
regulations and policies.
The Board, having reviewed all the facts of record pertaining
3.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Petitioner's application was filed in a timely manner.
C .
Petitioner was released from active duty on 31 August
1994 to enter an officer training program.
completed 3 years, 1 month and 14 days of active service.
appointed a midshipmen and entered the NROTC unit at Jacksonville
University on 1 September 1994.
semester he was placed on academic probation with a grade point
average 1.882 due to low scores in aptitude, and his class
standing of 28 of 29.
Though in the Fall 1996 semester his GPA
was 2.133 his aptitude score continued to decline and his class
standing was 45 of 46.
Based on this record he was placed on a
leave of absence.
His GPA in the spring 1997 semester was 1.875.
Following the spring 1995
At that time, he had
He was
d.
In June 1997, the commanding officer recommended his
Subsequently, the Chief of
disenrollment from the NROTC program.
Naval Education and Training also recommended disenrollment with
recoupment of educational expenses in the amount of $27,006 in
lieu of active enlisted service
(he) has put forth the maximum effort to succeed academically."
On 15 August 1997, the Chief of Naval Personnel recommended that
Petitioner's appointment as a midshipman be terminated and noted
that he had incurred a two year active service obligation due to
entering advanced standing in the NROTC scholarship program. On
25 August 1997, the Assistant Secretary of the Navy
approved the termination of Petitioner's appointment as a
Midshipman and approved the recoupment of the educational
expenses in the amount of $27,006.
"because it does not appear that
(M&RA)
Subsequently, Petitioner entered the University of
He then applied
Rochezter and graduated in the Spring of 2001.
for and was accepted into the Officer Candidate School (OCS). On
1 June 2001 he entered OCS in enlisted status and successfully
He was commissioned an ensign in the
completed the program.
Naval Reserve on 31 August 2001 and is now undergoing flight
training.
f.
Petitioner has submitted evidence showing that as of 22
$30,682.92 and is
February 2000 he is indebted in the amount of
making monthly payments
requesting a waiver of the recoupment requirement because he has
been commissioned and completed the requirement for which he
incurred the educational expenses.
in-the amount of $286.51.
He is
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
Because Petitioner has been commissioned, the Board
believes that he should be given an opportunity to earn a waiver
of the recoupment requirement.
Therefore, the Board concludes
that the recoupment action should be suspended until he completes
the two year active duty requirement he incurred while in NROTC.
If he serves two years from the date of commissioning on 31
August 2001, the remaining amount to be recouped should be
waived.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
recoupment of his educational expenses was suspended as of the
date of approval of this recommendation.
two years, the amount remaining will be waived.
Upon completion of the
\
2
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
Acting Recorder
The foregoing report of the Board is submitted for your
5.
review and action.
-3QQAa~
Fe W. DEAN PFEIFFER
Reviewed and approved:
;?)~LI-
-.. ,. \zl _
L
JOSEPH G. LYNCH
Assistant General Counsel
(Manpower and Reserve Affairs)
3
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