Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 13 April 2021. 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 Naval Service Training Command (NSTC) letter 5800 Ser N00/805 of 4 November 2020 and your response to the opinion. On 9 August 2005, you had surgery performed (Left distal femoral epiphysiodesis, 27475). On 28 June 2012, you responded “No” to the question “Have you ever had or do you now have any bone or joint problem, injuries, surgery, or medical treatment?” on your Report of Medical History (block 50). On 16 November 2015, Commanding Officer, Naval Reserve Officers Training Corps Unit, University of notified Director, Officer Development of Disenrollment Recommendation (DOR),”I recommend that she be dis-enrolled from the program and in accordance with ref (b), she be made available for active enlisted service. Furthermore, “fully admits to being arrested and charged with DUI. She also admits and confirms that her Blood Alcohol Content, as tested by the Department was .10 (the legal limit in NM is .08). What makes the incident even more egregious was the fact that while driving under the influence, there were two other midshipmen in the vehicle.” On 7 December 2015, Chief, Bureau of Medicine and Surgery notified Naval Service Training Command that the subject applicant DOES meet established physical standards and that a waiver of the physical standards is not required. On 27 June 2016, Commander, Naval Service Training Command notified Commanding Officer, Naval Reserves Officer Training Corps Unit, University of that The Secretary of the Navy has approved that you be discharged from the Naval Service and that you be required to reimburse the government for the amount of advanced educational assistance received. Furthermore, you acknowledged indebtedness to the United States Government for advanced educational assistance in the amount of $80,370.92 received in the form of NROTC scholarship benefits. On 6 December 2016, Military Entrance Processing Station notified you that you have been found medically disqualified for entry in the Armed Forces of the United States. The reason for your disqualification is because of unequal leg length. Although this problem may not affect your current or future employability in civilian life, it is considered disqualifying for military service under current medical standards for enlistment. On 7 December 2016, Commander, Navy Recruiting Command notified both Commander, Navy Recruiting Command and Commander, Navy Recruiting District that you DO NOT meet established physical standards due to unequal leg length and that a waiver of the physical standards IS DISAPPROVED. You requested that your ROTC scholarship forgiven because you were wrongly denied the opportunity to fulfill my scholarship debt by doing enlisted service; 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 as a result of your admitted misconduct, you were dis-enrolled from your Naval Reserve Officers Training Corps (NROTC) program and ordered by the Secretary of the Navy to repay expenses paid by the government for your education. As a means for repayment, the Navy offered you the possibility of active enlisted service (AES), which you attempted to perform but you were denied due to medical disqualification. You assert that you are fit for active service based on the fact that you were cleared for service when you passed your physical in 2012 prior to acceptance to the NROTC program. The Board disagreed with your rationale. You marked “no” in the block for the question asking if you had ever had surgery. The Board concluded that the Navy was unaware of your condition in 2012, and that there is no way to know if you would have been disqualified for service at that time had you answered “yes”. The Board concluded that your debt cannot be waived simply because your preferred method of payment is no longer available to you. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 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, 5/11/2021 Deputy Director