DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 3176-08
17 March 2009
Dear segues
This is in reference to the 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 March 2009. 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 the 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 opinions furnished by Naval Service Training Command
(NSTC) memo 1533 OD4 of 4 Dec 08, and Naval Personnel Command
(NPC) memo 1920 SER 834/058 of 9 Dec 08, copies of which were
previously provided to you through counsel.
The Board members also considered your request for a personal
appearance, however the Board found that the issues in the case
were adequately documented and that a personal appearance with
or without counsel would not materially add to the Board’s
understanding of the issues involved. Thus, the request fora
personal appearance has been denied.
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 opinions
provided by Norc and NPC.
MEH
Docket No. 3176-08
17 Mar 09
Regulations implementing the Naval Reserve Officers Training
Corps (NROTC) scholarship program provide that a scholarship
recipient who fails to complete the program requirements as
specified in the scholarship agreement shall, at the discretion
of the Secretary of the Navy, either serve on active duty for a
period specified in the agreement or reimburse the United States
for the educational costs it has expended on the scholarship
recipient’s behalf. In such cases, the Secretary of the Navy
has the discretion to render a case-by-case determination as to
whether the reimbursement requirement and/or the enlisted
service requirement should be waived due to mitigating
circumstances.
In your case, Mr. William A. Navas, Assistant Secretary of the
Navy (Manpower and Reserve Affairs), acting on behalf of the
Secretary of the Navy, approved your disenrollment from the
program and ordered reimbursement of scholarship funds on 25 May
2006. On 8 January 2008, in reply to correspondence from you to
your elected representative, Mr. Navas’s successor, Ms. Anita K.
Blair, Acting Assistant Secretary of the Navy (Manpower and
Reserve Affairs) reviewed the matter once again. Ms. Blair also
determined that a waiver was inappropriate. Accordingly, she
reaffirmed Mr. Navas’s earlier decision requiring the
reimbursement of scholarship funds.
The Board gave due consideration to the evidence and arguments
made in the application, including the claims that your mental
health issues were “disclosed” prior to entering the NROTC
program, that you “did not violate” your contract, that your
“immediate commander” recommended a waiver, and that you gave an
“honest and strong effort” to completing the NROTC program.
However, after review of all the evidence, the Board found there
was no error or injustice in the earlier decisions requiring
reimbursement. You received substantial education at government
expense before your disenrollment. You were disenrolled before
completing the scholarship program and you did not serve on
active duty after your disenrollment or otherwise complete the
military service obligation specified in the scholarship
agreement. In your scholarship agreements, you certified that
you understood “that if the Secretary of the Navy’s decision is
recoupment, instead of active enlisted service” you would be
“ordered to pay back all tuition costs beginning with the
freshmen year and thereafter.” Although there is evidence that
your failure to complete the program and service obligation is
attributable to a medical condition, you have nonetheless
MEH
Docket No. 3176-08
17 Mar 09
benefitted and been enriched from the education you received at
government expense while the government has not received the
benefit of your active service after your disenrollment. The
Board finds that, in light of the educational benefit you
received, the regulations implementing the NROTC program and the
terms of the scholarship agreement, it is mot an error or an
injustice for the Secretary of the Navy to require reimbursement
of the costs expended by the United States for your education.
The Board also finds that a waiver of the reimbursement of those
costs igs not warranted under the circumstances. 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 P
Executive
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