DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 12237-10
3 June 2011
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 31 May 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 NPC memo 5420 PERS-911 of 11 Mar
11, a copy of which is attached.
The records show that you entered the Health Professional
Scholarship Program in August 2006 for a four year government
funded medical school scholarship. You were expected to
graduate in May 2010 and begin service on active duty in the US
Navy for a specified term. In your scholarship agreement you
certified that you understood that you would “incur an eight-
year service obligation for any participation in the program,”
and that “should (you) become unable to commence the period of
ADSO specified in this service agreement or become unable to
complete my education program, (you) agree to reimburse the
United States for the total cost (lump sum plus interest) of
advanced education paid by the US Government as specified in 10
U.8.c. 2005.”
When your medical issues threatened to interfere with your
Future ability to fulfill your contract, you were given the
option to: (a) request review of your physical condition by the
Navy’s Physical Evaluation Board (PEB) for a final determination
of your physical qualifications for retention or (b) tender your
resignation. On 30 November 2009, after having received
approximately seven semesters of medical education at government
expense, you elected to tender your resignation. Pursuant to
your request, you were discharged from the Navy Reserve on 1
January 2010 and an education debt was established. According
to your application, approximately five months later, in May
2010, you made a full medical recovery and completed your final
semester of medical school at your own expense. The Board
determined that your decision to tender your resignation was
voluntary. Because you voluntarily resigned, and no PEB was
held, there is no way to know what the outcome of the PEB would
have been, especially in light of your subsequent medical
recovery.
The Board understood and gave due consideration to the evidence
and arguments to the effect that you were “repeatedly told you
only needed to worry about paying for the remaining semester of
medical school education and living expenses.” However, after
review of all the evidence, the Board found insufficient
evidence to support that claim. Moreover, the scholarship
agreement was already clear on the reimbursement expectations.
The Board noted that you received substantial education at
government expense and did not thereafter serve on active duty
or otherwise complete any part of the military service
obligation specified in your contract. You benefitted and were
enriched from the education you received at government expense
while the government did not receive the benefit of your active
service. You completed the remainder of your medical school
and, with that qualification, you have been able to secure
civilian employment as a psychiatry resident at the Medical
University of South Carolina in Charleston SC. Under these
circumstances, the Board found no error or injustice in the
records pertaining to your educational debt. Additionally, the
Board found that your request to fulfill your educational debt
by civilian employment at the Medical University of South
Carolina and/or the Charleston VA Hospital should not be
approved for the reasons stated 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,
Executive DiWwe
Enclosure
ARMY | BCMR | CY2010 | 20100026488
e. A letter from the applicant addressed to "To Whom It May Concern," dated 4 November 2009, shows the applicant requested disenrollment from the Army ROTC Program because she could not continue to pursue her nursing degree under her Army ROTC contract because she was not eligible for acceptance in the JMU nursing program. The applicant contends that her ROTC scholarship debt should be forgiven because she was not fully informed by the ROTC PMS or any ROTC cadre member of the requirement to...
ARMY | BCMR | CY2013 | 20130001891
Counsel requests that his records be corrected to reflect that he does not owe any ROTC debt as a matter of law and equity because he was wrongfully disenrolled from the ROTC, that he is entitled to continue in the ROTC program at Northeastern University and graduate from the ROTC Program and that he be commissioned as a second lieutenant in the U.S. Army or as an alternative, that he be allowed to reimburse the U.S. Government by entering the Army and serving on active duty as an enlisted...
ARMY | BCMR | CY2012 | 20120010919
His DD Form 1966 (Record of Military Processing) shows he enlisted for the U.S. Army Training Enlistment Program for a period of 5 years, he was authorized a $1,000 enlistment bonus, and enlistment in the grade of E-3 upon his entry on active duty (24 May 2010), by virtue of having completed 48 or more semester hours. Additionally, the commanding general provided the applicant with a DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record) detailing the debt and ordered the...
ARMY | BCMR | CY2015 | 20150003289
e. He also understood and agreed that if he disenrolled from the ROTC program for falling to complete the educational requirements specified in the agreement or other educational requirements for ROTC cadets as specified in Army regulations; failing to comply with other terms and conditions of the contract; and misconduct; and other disenrollment criteria established or fail to accept a commission, if offered, the Secretary of the Army or his or her designee may order him to active duty as...
ARMY | BCMR | CY2005 | 20050001782C070206
Counsel states, in effect, that the applicant was incorrectly advised by ROTC officials that she could retain her scholarship and compete for a regular ROTC non-nursing scholarship and based on that advice, she started her second year of the scholarship, which in effect, obligated her to repay her scholarship if she failed to complete it. On 4 March 2003, she was notified by memorandum from the Cadet Command that she was disenrolled from the ROTC Program due to her withdrawal from school...
ARMY | BCMR | CY2005 | 20050001782C070206
Counsel states, in effect, that the applicant was incorrectly advised by ROTC officials that she could retain her scholarship and compete for a regular ROTC non-nursing scholarship and based on that advice, she started her second year of the scholarship, which in effect, obligated her to repay her scholarship if she failed to complete it. The applicant has failed to provide sufficient evidence or argument that shows that there was an error or injustice related to her disenrollment from the...
NAVY | BCNR | CY2010 | 07773-10
On or about 13 March 2006, you appeared before a Performance Review Board {PRB} convened to inquire into your aptitude and performance. In the Board's view, your request to disenroll was a voluntary decision made of your own free will. Docket No._7773-10 were aware that you could continue in the NROTC program as well.?
ARMY | BCMR | CY2010 | 20100014358
She transferred from an Army ROTC Program to a Navy ROTC Program at the same university. She contends her Navy ROTC enrollment and current active duty service should fulfill her obligation under her breached Army ROTC contract. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her ROTC scholarship contract to show she would satisfy the $28,170.00 debt under the original terms of the ROTC contract by successfully...
ARMY | BCMR | CY2014 | 20140015349
The applicant's DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) is not in her available records for review, but records reflect and the applicant contends she received a 4-year ROTC scholarship while enrolled in the ROTC Program and attending Salve Regina University, a partner with the University of Rhode Island ROTC Program. On 29 March 2012, the Commander, Headquarters, 2nd Brigade, U.S. Army Cadet Command, recommended the applicant's immediate disenrollment and that she be...
ARMY | BCMR | CY2009 | 20090017778
In support of this request, the applicant provides copies of * a self-authored letter to DFAS * a letter to him from the Department of the Treasury Financial Management Service, Birmingham, AL * a Marine Corps Total Force System (MCTFS) Basic Individual Record * a NAVMC Form 118(3) (Chronological Record) * a Graduation Certificate from the U.S. Army Field Artillery School * USMC Permanent Change of Station orders assigning him to the Basic Officer Leaders Course * USMC Orders to active duty...