Docket No. 9016-19
Ref: Signature Date

Dear    
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 November 2020.  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, relevant portions of your naval record and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion contained in Bureau of Medicine and Surgery letter 5400 Ser DCTF/20UDCTF0009 of 12 March 2020 and your response to the opinion.   
 
On 18 July 2008, you signed NAVCRUIT 1131/131 (Armed Forces Health Professions Scholarship Program (AFHPSP) Medical Students, Dental Students, Optometry Students, and Physician Assistants Students (1975X, 1985X, and 1995X)) Service Agreement.  “Dental program participants will have their entitlements suspended for first time failure to pass part 1 or 2 of the NBDE and be placed in an academic LWOP status.  A second time failure of the NBDE may result in loss of scholarship eligibility.  If I am withdrawn from the program I may be processed for separation from the United States Navy or be called to extend active duty according to the terms and provisions of the service agreement and applicable Navy Regulations.”  Furthermore, you were commissioned as an Ensign in the inactive U.S. Navy Reserve with a designator code of    
 
On 4 February 2014, Bureau of Medicine and Surgery notified Secretary of the Navy via Commander, Navy Personnel Command that they recommend administrative separation and recoupment of funds expended in your case.  On 25 April 2014, Commander, Navy Personnel Command notified you that you were being considered for honorable discharge from the Navy Reserve due to your continuing academic difficulties and failure to pass your National Board Dental Examinations (NBDE) Part 1 and Part 2.  On 11 June 2014, you submitted a formal rebuttal regarding your possible discharge from the Navy Reserve.  On 21 June 2014, you submitted a request for remission of scholarship indebtedness and request an extension to complete your HPSP requirements.  On 8 July 2014, Commander, Navy Personnel Command notified you that they had considered your rebuttal but had decided to discharge you from the Navy Reserve due to non-compliance with the Armed Forces Health Professions Scholarship Program.  On 10 July 2014, Commander, Navy Personnel Command notified you of your involuntary separation order and honorable discharge from the U.S. Navy Reserve effective 10 July 2014.  On 31 March 2015, you graduated from  University and earned a Doctor of Dental Surgery degree.  On 6 April 2015, Commander, Navy Personnel Command notified you of your recoupment of funds expended for education.  On 26 May 2015, you were issued a Dental license by the State of , Department of Community Health. 
 
You requested that your record reflect the following: Incorrect Statement: "....he voluntarily resigned from the AFHPSP without fulfilling his active duty obligation."  Correct Statement: I did not voluntarily resign from the AFHPSP. No written documentation or statement was given by myself stating that I voluntarily resigned; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that your separation was involuntary and that because you failed your boards twice, the recommendation of the Student Review Board for the Navy Health Professions Scholarship Program (HPSP) to administratively separate you from HPSP and the Navy was justified.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion.  Furthermore, the Board urges you to consider any of the options recommended to you in the advisory opinion to fulfill your obligation.   
 
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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  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,