DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 2805-09
19 Jan 10
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 19
January 2010. 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 NSTC memo 1533 OD4/2331
of 12 Nov 09, 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 provided by the Naval Service
Training Command (NSTC). The Board found there was no error or
injustice in the attrition code assigned, the procedures used, or the
evidence considered in your disenrollment from the Naval Reserve
Officers Training Corps (NROTC) unit at Duke University. Further, the
Board found that the education received, at government expense,
enhanced your opportunity for increased life-long earnings and
employment potential. It was noted that 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,
with recoupment of scholarship funds, on 6 April 2006.
The Board found no compelling reason to disturb Mr. Navas's prior
decision. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon request.
Docket No. 2805-09
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,
a
W. DEAN RFEI
Executive Di
Enclosure
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