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NAVY | BCNR | CY2012 | 04269-12
Original file (04269-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
, 701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TIR
Docket No: 4269-12
14 March 2013

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 March 2013. The names and votes of the
members of the panel will be furnished upon request. 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.

' After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

On 3 August 2010 you enlisted in the Navy Reserve for a period of
eight years with the understanding that you would participate in
the Navy Nurse Candidate Program (NCP). At that time you signed
a service agreement which stated in part, that “If I am
disenrolled from the NCP prior to completion cof my baccalaureate
degree in nursing, or if I fail to accept appointment in the USN
Nurse Corps, I will not be retained in an active duty or inactive
reserve status.” ,

Your record reflects that on 18 May 2011 the University of West
Florida (UWF) informed you of your disenrollment from the UWF
Nursing Program as per your request. On 20 May 2011 you
submitted a letter to the Program Director, Navy Professions
Scholarship Program, in which you stated that you had been
disenrolled from the nursing program at UWF: As a result of this
action and in accordance with your service agreement of 3 August
2010, you were recommended for an administrative separation by
reason of unsatisfactory participation in the Individual Ready.
Reserve/NCP. On 20 July 2011 you were advised of the foregoing
pending administrative separation action, informed of your |
nonrecommendation for reaffiliation and/or reenlistment, and
waived your procedural rights.

On 26 October 2011 your commanding officer recommended discharge
under honorable conditions by reason of unsatisfactory
participation as evidenced by failure to satisfactorily complete
the requirements for appointment as a Nurse Corps Officer under

. NCP, failure to successfully progress in the baccalaureate
nursing program at UWF, and disenrollment from the nursing
program due to academic failure. This recommendation also -
recommended reimbursement to the government of all funds given to.
you, specifically, the sign-on and continuation bonuses. On 29
December 2011 the discharge authority approved the foregoing
recommendations and erroneously directed you be transferred to
the Stand-by Reserve (Inactive). However, this error was
corrected on 17 February 2012 when the discharge authority
directed your commanding officer to separate you under honorable
conditions by reason of unsatisfactory participation in the Ready
Reserve and have your record reflect a nonrecommendation for

» reenlistment and/or reaffiliation. On 10 March 2012 you were so
discharged and assigned an RE-4 reenlistment code.

._ The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to reenlist. It also considered your assertions of
“not being given honest feedback regarding your procedural rights,
and that you were led to believe that you were to receive an
honorable discharge and an RE-1 reenlistment code. Nevertheless,
the Board concluded these factors were not sufficient to warrant
relief in your case because of your failure to satisfactorily
complete the NCP as required by your service agreement. Finally,
in the absence of any evidence that the general discharge and
nonrecommendation for reenlistment or assigned RE-~4 reenlistment
code were in error, the Board concluded that sufficient evidence
existed to support the discharge authority's decision.
Accordingly, your application has been denied.

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 important to keep in mind that a
. presumption of regularity attaches to all official records.

Consequentiy, 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,

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