DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 1890-10
31 Aug 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 31 August
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 OD4/0737 of 15 Jul
10, a copy of which is attached.
The Board member’s also considered your request for a personal
appearance, however they 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 procedures used or the evidence considered in your
disenrollment from the Naval Reserve Officers Training Corps (NROTC)
unit at the University of Washington. In the Board’s view, although
you were struggling with various aspects of the NROTC program, you had
the potential to continue in and complete the program. However, you
voluntarily disenrolled from the NROTC program before fully realizing
that potential. Further, the Board found that the education received,
at government expense, enhanced your opportunity for increased life-
long earnings and employment potential.
Docket No. 1890-10
It was noted that , 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 23 April 2008.
The Board found no compelling reason to i prior
decision. 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,
Ld Denes
W. DEAN PF
Executive id, Oo
Enclosures
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