DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
				2 NAVY ANNEX
					     WASHINGTON DC 20370-5 100

MEH
Doc No. 9041-06
23 Oct 07

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy

Subj:	REVIEW OF NAVAL RECORD ICO

Ref:	(a) Title 10 U.S.C. 1552

End:	(1) DD Form 149 w/attachments
(2)	Bureau of Medicine and Surgery (BUNED) ltr 6110 M3F1/NROTC/A215918 of 13 January 2003
(3)	CNET 1533/32, Disenrollment Report ICO Midshipman

(4)	CNP ltr 1920 Ser 834E/371 of 18 November 2003
(5)	NETC memo 1533 OD41 of 21 Feb 07
(6)	OJAG memo 1400 Ser 13/4BC11905.07 of 20 Sep 07
(7)	Subject’s naval record and BCNR file

1.	Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that he is not indebted to the government for the cost of his NROTC education.

2.	The Board, consisting of Mr. Dawson, Mr. Tew, and Ms~ Roy, reviewed Petitioner’s allegations of error and injustice on 23 October 2007 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.

3.	The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:

a.	Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

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b.	On 20 August 2000 Petitioner was discharged from active enlisted Naval service to enroll in the NROTC program at Purdue University.

c.	On 21 August 2000 he signed CNET 1533/38, NROTC Scholarship Service Agreement, acknowledging and agreeing to the conditions of the scholarship. This agreement was reviewed at the beginning of his sophomore year, and again, he acknowledged the conditions, to include possible recoupment if the educational requirements were not completed as identified.

d.	Petitioner was placed on probation in November 2002 for failing to meet physical readiness standards, specifically, he failed the body composition and run portion of the Fall 2002 Physical Readiness Test (PRT). The probation period extended until the Fall 2003 PRT.

e.	Petitioner was placed on Medical Leave of Absence (MLOA) on 21 November 2002, due to asthma. While on NLOA all scholarship benefits were suspended.

f.	Bureau of Medicine and Surgery (BUMED) memo of 13 January 2003 found Petitioner not physically qualified for continuation in the NROTC program due to “asthma which existed prior to entry into program and persists to present.” BUMED also determined that Petitioner was not physically qualified for active enlisted service. Enclosure (2)

g.	On 13 January 2003, the same date of the BUNED memo, Petitioner entered the following student statement in CNET 1533/32, Disenroliment Report: “(I am) dropping NROTC due to physical inabilities to perform my duties to the standards of the U.S. Navy because my medical condition, i.e. asthma (exercise induced and allergy triggered). I do not feel I can adequately perform all that I should as a member in the US Navy because of my condition and therefore had to come to this conclusion.. . If given the option, I would choose ‘repay tuition’ to resolve my indebtedness to the US Government for participation in the NROTC Program.” Enclosure (3).

h.	The Professor of Naval Science remarked on 27 Feb 2003 that: “Since knowingly entered into the NROTC program with asthma and accepted benefits, I recommend that he fulfill his obligation via recoupment of benefits.” The disenrollment was processed as a “Drop Own Request.” Enclosure (3)

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disclose that he had asthma before entering the program. Also, Petitioner did not receive due process before a Performance Review Board or investigating officer prior to disenrollment as required by regulations. Accordingly, OJAG concludes that Petitioner’s request should be granted.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. The Board agrees with the comments provided by OJAG in enclosure (6) that the disenrollment should have been characterized as a “mandatory disenrollment due to physical disqualification” vice “Drop Own Request,” Petitioner did not receive due process before a Performance Review Board or investigating officer prior to disenrollment, and there was insufficient evidence to conclude that the Petitioner had failed in his duty to disclose that he had asthma before entering the NROTC program. Accordingly, the Board concludes that the record should be corrected to show that Petitioner is not indebted to the government for the cost of his NROTC education.

RECONNENDAT ION:

That Petitioner’s naval record be corrected, where appropriate, to show that:

a.	He was disenrolled from the NROTC Unit at Purdue University based on physical reasons, vice Drop Own Request, and he is not indebted to the government for the educational expenses incurred. Any monies that may have already been recouped should be returned to Petitioner.

4.	Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN	WILLIAM J. HESS III
Recorder	Acting Recorder

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5.	The foregoing action of the Board is submitted for your review and action.

	W. DEAN PFIEFFER
							Executive Director

Reviewed and approved:

ROBTERT T. CALI
Assistant General Counsel
Manpower and Reserves Affairs)