DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

FC
Docket No: 08884-02
8 September 2003

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 4 September 2003.
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, and applicable statutes, regulations and
policies.
In addition, the Board considered the advisory
opinion furnished by Marine Corps Recruiting Command dated 17
June 2003, a copy of which is attached.

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 you enlisted in the Marine Corps Reserve on
25 August 1998 and were enrolled in for a three-year Naval
Reserve Officer Training Corps (NROTC) program at the Virginia
Military Institute (VMI).
counseled about failing the physical fitness test and
oversleeping.
On 22 October 1998 you were again counseled about
your failure to send a thank-you note to the registrar's office.

On 25 September 1998 you were

factures of the leg.

On 26 February 2000 you were granted a medical leave of absence
for stress 
counseled about poor personal appearance.
were notified about your aptitude for continuation.
October 2000 you were counseled about your marginal grade point
average and your inability to pass the physical readiness test.

2000 you were again
On 23 August 2000 you

On 

20 June 

On 17

On 15 November 2000 you were arrested and

On 14 November 2000 you were granted a furlough for the
Thanksgiving holiday.
charged with possession of illegal drugs after the house in
which you were staying was raided by local police and agents of
the Drug Enforcement Administration.
notified the NROTC unit that legal action was pending, and were
advised to keep the chain of command informed about developments
On that same day, you were notified of a leave of
in the case.
absence due to aptitude,
performance review board.
officer requested that you be removed from the medical leave of
On that same day, you were notified that you had been
absence.
placed on interim leave of absence.
resignation from 

and elected not to appear before a
On 31 January 2001 the commanding

You then submitted your

On 6 December 2000 you

WI11

On 6 February 2001 the Bureau of Medicine and Surgery 
recommended that you be removed from the medical leave of
On 9 February 2001 the performance review board
absence.
unanimously recommended disenrollment because of a lack of
aptitude.
Training 
leave of absence.

On 12 February 2001 the Chief of Naval Education and
(CNET) granted a waiver to remove you from the medical

(BUMED)

On that same day, the commanding officer notified

On 13 February 2001 you were notified that the State of Maryland
did not attend to prosecute you for the charges of drug
possession.
you of the results of the performance review board.
2001 you signed a disenrollment form requesting recoupment of
$27,959.00  in scholarship funds instead of being ordered to
active enlisted service.
On 22 May
recommended disenrollment from the NROTC program.
2001 Headquarters Marine Corps approved your disenrollment and
directed recoupment of $27.959.00.
an entry-level separation from the Marine Corps Reserve.

On 6 April 2001 the commanding officer

On 28 June 2001 you received

On 28 March

It its review of your case, the Board carefully weighed all
potentially mitigating factors such as the non prosecution of
drug possession charges against you and your medical condition.
However, the Board found these factors were not sufficient to
warrant a waiver of recoupment given your marginal performance,
In this regard, The
and especially your resignation from VMI.
Board believed that you must have been contesting the charge
against you in civil court given the favorable outcome of the
case.
Therefore the Board could not understand why you did not
attempt to stay in the NROTC program and remain at VMI, at least
Had you done so, you
until the civil charges were disposed of.

might well have been retained.
leave the NROTC program and VMI, the Board concluded that
recoupment was appropriate.
been denied.
will be furnished upon request.

The names and votes of the members of the panel

Accordingly, your application has

However, given your decision to

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
it is important to keep in mind that
a presumption of regularity attaches to all official records.

You are entitled to have

In this regard,

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,

Executive Dire

Enclosure

UNITED STATES MARINE 
CORPfi
~NECORPSRECRUI'MNGCOMMAND

3280RUSSELLROAD

QUANTICOVA22134-5103

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.

REFER TO:

REPLY  
IN 
100 0
MCRC(ON)
17 Jun 03

Memorandum for the Executive Director, Board for Correction of Naval

Records

Subj:

ION IN THE CASE OF

Ref:

(a) CNETINST 

1533.12G, Chapter III, Article 314

1. This is to provide advisory opinion for the subject named petitioner.

2. On August 25, 1998,
Education and Training
Officer Training Corps

was awarded a Three Year Chief of Naval
lied Scholarship at the Naval Reserve
Virginia Military Institute.

Nolle Prosequi regarding
3. Before Maryland entered a 
rogr
February 13, 2001, his performance
as notified and placed on
bilateral tibia1 stress fractures,
physically qualified or
medical leave of absence  
On August  23, 2000, Mr. Burleson was notified and placed on
disenrolled.
aptitude warning in the NROTC program until the beginning of the spring
semester, academic year 2000-2001 due to his continued marginal performance.

(MLOA) unt

.

case on
Due to

At that time,

4. On December 6, 2000,
legal action.
leave of absence
January 31, 2001,
absence pending t
8, 2001.
however, declined to appear before the board.
voluntarily resigned from the institute January 31, 2001.

was notified
a Performance Review Board scheduled for
9 acknowledged receipt of notification and his

ied the NROTC Unit of his pending
wa
0

aced on aptitude
situation.
erim leave of

Subsequently, Mr.

w

'resignation
quested that

5. In view of
reference, th
removed from MLOA effective January 31,
of his disenrollment from the NROTC program.
Bureau of Medicine and Surgery recommended a waiver for the bilateral 
stress fractures,
waiver.
Based on
Performance Review
pursuant to the reference.

2001 in order to expedite the process
On February 6, 2001, the Chief,
tibia1

tion, and the recommendation of the
as processed for disenrollment

and in accordance with the

be administratively

2001, CNET granted

February 12,

recrret that a more favorable response cannot be provided.

6. We 
contact regarding this matter is Captain 
703 

784-9446/7.

-at DSN

2?8-9446/7 or commercial

Point of

-By direction