DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 12074-10
29 Aug 11
This is in reference to your application for correction of your
naval record pursuant to the provisions of 10 USC A5S2
”® three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 August 2011. 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 N323 of 17 May
11, a copy of which is attached and was previously furnished to
you.
The Board members 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 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
‘nsufficient to establish the existence of probable material
error or injustice for the reasons explained below.
Your application requests a change to your record that would
entitle you to benefits under the Health Professional Loan
Repayment Program (HPURP) .
Records show that in 2009, you sought an appointment with the
United States Navy in the biochemistry field (1810). As part of
the application process, you requested to be considered for the
HPLRP incentive.
By letter of 7 October 2009 (in FY 2010), you were advised that
you had been selected for an appointment. The selection letter
makes no mention or offer of the HPLRP. As you know, the HPLRP
wags not authorized for the biochemistry specialty in fiscal year
2010.
On 11 December 2009, you executed a “Medical Service Corps
Service Agreement” and an sofficer Appointment Acceptance”.
Neither document makes any mention or offer of the HPLRP
incentive. Moreover, your Medical Service Corps Service
Agreement includes the following paragraph: “I have read and
completely understand the meaning and content of the above
(agreement). No promises either written or oral have been made
to me in connection with my application for a commission in the
Medical Service Corps except 4s specified above.”
You have complained, essentially, that you should be entitled to
the HPLRP because
verbally assured you that you would be eligible for and receive
the HPLRP. The Board carefully considered the evidence
submitted in support of this claim.
Appointment incentives, such as the HPLRP, are governed by
statutes and regulations. Erroneous information about those
statutes and regulations supplied_b overnment officers,
agents, or employees, such as cannot
serve as a basis for payment of an incentive in excess of those
authorized by the governing directives. a
QMMEMB had no authority to make exceptions to existing statutes
and regulations pertaining to HPLRP or make changes to them. The
Board regrets that you may have been verbally furnished with
erroneous information about your eligibility for the HPLRP from
However, the Board notes that the.
HPLRP was not included in your selection letter and was not
included in your Medical Service Corps Service Agreement .
Additionally, it is well settled that erroneous information does
not serve as a basis for the payment of allowances in excess of
those that are provided for by statute or regulation.
+ The Board notes that, at your initial appointment, you were granted four
years of entry grade credit and were appointed at the advanced grade of
Lieutenant (pay grade 03). Your agreement states that you will serve on
active duty for a4 period of at least three years.
The Board also considered your alternate request for an
equivalent monetary bonus as a substitute for the HPLRP.
However, the Board agreed with the advisory opinion that no
relief is warranted because “no accession bonus has been
authorized for the biochemistry specialty in recent years thus
there is no known accession incentive of equivalent value.”
Accordingly, your application is denied. The names and votes of
the members of the panel will be furnished upon request.
For completeness, two additional matters must be addressed.
(a) Your application requests a copy of an investigation
performed by the Navy in response to your complaint about wae
Your request should be made directly to
the Navy Recruiting Command at 5722 Integrity Drive, Millington
TN 36054.
(b) Your application avers that your commission was accepted .
‘under a falsehood” and that the circumstances surrounding your
appointment have given you a “jaundiced view" of your future in
the Navy. The Board regrets your discontent. In the event
that, as a result of the decision above, you desire to be
released from your agreed upon term of obligated service, you
may reapply to this Board for consideration of your 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,
\o Send
W. DEAN PFEAF
Executive Director
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