DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 4235-08
28 Jul 08
Dear pe:
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 28 July
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 memo 1133 Ser N5312/09085 of 17
Jul 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. 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, 7
W. DE EDF
Executive D r
Enclosure
DEPARTMENT OF THE NAVY
NAVY RECRUITING COMMAND
5722 INTEGRITY DR. IN REPLY REFER TO:
MILLINGTON, TENNESSEE 38054-5057
1133
Ser N5312/09085
17 Jul 08
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Subj: ADVISORY OPINION [CORI ieee,.
Encl: (1) NAVCRUIT 1133/75 LRP STATEMENT OF UNDERSTANDING
1. Petitioner has applied to the Board for Correction of Naval
Records (BCNR) seeking to have his Navy record changed to remove
the Loan Repayment Program (LRP). This memorandum provides a
recommendation for the Board regarding the petitioner’s
application.
2. It is our opinion that the records in this case do not
sufficiently corroborate the petitioner’s claim. The petitioner
claims that he did not understand the specifics of the LRP when
he entered the Navy. As is displayed in Encl (1), the
petitioner was made aware of the fact that LRP payments are only
made on those loans which are federally guaranteed loans.
Although portions of the copied enclosure are difficult to read,
they were actually highlighted in the original document and the
one eligible federal loan through Sallie Mae and its unpaid
principal amount is clearly recorded. It is our opinion that a
change to the petitioner’s Navy record at this time is
unfounded. Accordingly, we recommend that the Board deny the
petitioner’s request.
3. Point of contact is LT Patrick Dickerson, (901) 874-7439,
email, patrick.dickerson@navy.mil. Our mailing address is
Commander, Navy Recruiting Command (N5312), 5722 Integrity Drive
(BLDG 784), Millington, TN 38054.
B. M. i
CDR USN
By direction
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