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NAVY | BCNR | CY2007 | 09026-07
Original file (09026-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00
                                             MEH
                                                                                           Docket No. 9026-07
                                                                                          16 Jun 08




This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 June 2008. Your allegations of error and 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. In addition, the Board considered the advisory opinion furnished by CNRC 1133 Ser N53l2/09056 of 2 Jun 08, a copy of which is attached.
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. Also noted was the fact that you were discharged on 15 November 2007 with a separation code of KDS, “Defective Enlistments and Inductions.” Your discharge effectively reconciles your claim of error or injustice and nullifies your petition. 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 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 also 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

Enclosure


DEPARTMENT OF THE NAVY
NAVY RECRUITING COMMAND
                  5720 INTEGRITY DR.      
MILLINGTON, TENNESSEE 38054-5057

                                                       IN REPLY REFER TO:
                                                       1133
                                                                                                    Ser N5312/09056
                                                                                                   02 Jun 08

MEMORANDUN FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    ADVISORY OPINION

Ref:     (a) NAVCRUIT form 1133/75
 (b)      CNRC letter to dated 16AUG2007

1.       Petitioner has applied to the Board for Correction of Naval Records (BCNR) seeking to have his Canadian college loans paid through the Navy enlisted Loan Repayment Program (LRP). This memorandum provides a recommendation for the Board regarding the petitioner’s application. This memorandum hereby supersedes the previous advisory opinion memorandum Ser N5312/09049 dated 30 Apr 08.
2.       Although, the circumstances surrounding the petitioner’s situation are very unfortunate, this case is about the governing regulations of the LRP, not a mistake on the petitioner’s Naval record. The petitioner entered the Navy with LRP improperly recorded on his Enlistment Guarantee (Annex B). The LRP is an application process that must be completed prior to accession to active duty. As cited in Ref (a), LRP Statement of Understanding, “All loans to be paid must be presented prior to enlisting. No loans will be accepted after my initial enlistment”. If the petitioner had correctly completed the application process prior to shipping to boot camp, he would have found out that his loans were not payable under the LRP before he shipped. However, accessed to active duty and subsequently submitted the loans to CNRC for payment under the LRP. It was then that he found out they are not payable under the LPD program due to the fact that they are not Title 4, federally guaranteed loans. The petitioner has had correspondence with (R-NC) and Commander Navy Recruiting Command (CNRC) in the past to have his loans considered for payment; see Ref (b). Since the beginning, the position of CNRC has not changed; the loans are simply not payable under the applicable law at the time the petitioner shipped to boot camp in May of 2005. Accordingly, we recommend that the Board deny the petitioner’s request.


Subj:    ADVISORY OPINION ICO

3.       Point of contact is LT, (901)874-7439, email @navy.mil . Our mailing address is Commander, Navy Recruiting Command (N5312), 5722 Integrity Drive (BLDG 784), Millington, TN 38054.


         CDR USN
 By direction








































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