DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JET
Docket No. NR6478-14
4 May 15
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
23 April 2015. 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 Naval Service Training
Command (NSTC).
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 notwithstanding the comments contained in the advisory
opinion, concluded that your request did not warrant favorable action.
In your response letter dated 15 January 2015, the Board determined
that the 5 September 2012 Leadership Lab, which you characterize as a
“battalion-wide” event, to be a Naval Science class. Your attendance
of that class constitutes the beginning of the first day of your
sophomore year. The Board further found that you attended the Naval
Science 401 class that was rescheduled for 7 September 2012 by showing
up and signing for a textbook for the class. Based on these two
actions, the Board felt you incurred an obligation to the government
for advanced educational benefits.
Docket No. NR6478-14
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 Boston-MIT
(Massachusetts Institute of Technology). 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 the Assistant Secretary of the Navy (Manpower and
Reserve Affairs), acting on behalf of the Secretary of the Navy,
approved your disenroliment, with recoupment of scholarship funds, on
1 November 2012. The Board found no compelling reason to disturb the
Assistant Secretary of the Navy (Manpower and Reserve Affairs)’s
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 evidence within one
year from the date of the Board's decision. New evidence is evidence
not previously considered by the Board prior to making its decision in
this case. In this regard, it is 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,
ROBERT J. O'NEILL
Executive Director
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