DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 9247-08 -
24 Mar 09
Dear Rania:
This is in reference to your application for correction of 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 23 March 2009. Your allegations of error and
injustice were réviewed 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 NSTC memo 1533 OD4 of 12 Dec 08, a copy of
which is attached.
The Board also considered your request for a personal appearance,
however it 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, your request for a 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 opinion
provided by the Naval Service Training Command (NSTC). The Board
found there was no error or injustice in the decision to
disenroll you from the Navel Reserve ORL EcTs Training Corps
(NROTC) unit at = ne Wii and there was no error
Docket No. 9247-08
or injustice in the decision to require reimbursement for the
educational costs expended on your behalf.
The Board found that the 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. 4 wittihess 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 11
April 2007. The Board found no compelling reason to disturb Mr.
Wii decision.
The Board gave due consideration to the evidence and arguments
made in your application, including the claims that you fully
disclosed the pending criminal charges to your unit and that the
Navy should have warned you that the criminal charges could
jeopardize your security clearance and continuation in the
program. However, after review of all the evidence, the Board
found there was no error or injustice in the decision to
disenroll you or require reimbursement. You received substantial
education at government expense before your disenrollment. You
were disenrolled for inaptitude/unsuitability reasons before
completing the scholarship program. You did not serve on active
duty after your disenrollment or otherwise complete the military
service obligation specified in the scholarship agreement. On 9
February 2005, 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.” You have
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 not an error or an
injustice for the Secretary of the Navy to require reimbursement
Docket No. 9247-08
of the costs expended by the United States for your education.
The Board also finds that a waiver of the reimbursement of those
costs is 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,
|) uae
W. DEAN PFE
Executive Dave r
Enclosure
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